Theories of Human Rights

Objectives : These are main objectives

 to make know it what is Human Rights ?

 to make know it what is main objects of human rights ?
 to make know it how many kinds of human rights ?
 to make know it what is authors views and there theories ?

INTRODUCTION : Human Rights are , literally, the Rights which every Human being is entitled
to enjoy by virtue of being a member of the Human species . This deceptively simple idea has profound
social and political consequences . Human rights because they b rest on nothing more than being human
are universal, equal and inalienable . Being held by every person against the state and society, they
provide a framework for Political Organisation and a standard of political legitimacy . The concept of
human rights has also deep bearing om individual’s dignity, peaceful and honour able living . Man has an
inherent right to live in this world with dignity, honour and free conscious. Human rights have been a
cherished objective of International Legal Regime for only about half a century . Human rightd have a
prominent place in the UN charter adopted by the UN General Assembly on December 10,1948containing
a comprehensive list of Rights, codified the emerging view that the way in which states treat their own
citizens is not only a legitimate International concern but subject to International Standard. By mid -1998
the International Human Rights covenants have been ratified by b137b states more than three- fourths of the
countries of the world.

Today Human rights are incorporated in important constitutions around the world and from the basis of
International order .States are the principle mechanism for their protection and implemention in the
contemporary world . Being the largest Democracy in the world , India has adopted a number of laws and
protocols to respect, protect and fulfill the rights of the citizens. The constitution of India contains the most
elaborate provisions on the rights. Indian constitution captures the essence of Human rights in its Preamble,
and the provisions on Fundamental Rights and Directive Principles of State Policy. It guarantees to all
persions equality before law and equal protection of Laws . As law enforces, security forces serve as the
first line of defence in protection of Human Rights . The community depends on security forces to protect
the full range of rights through the effective enforcement of human rights . The members of the security
forces should carry over their work without fear or favour with due regard for the law , honour and
professionalism . Effective training of security forces in Human rights is an essential elements in Global
efforts to promote and protect Human rights in every country .
 Human rights are one of the significant features of our political reality . It is the moral rights of highest
order . Human rights are evolved out of self respect . It is inherent to all human without any discrimination
of race, sex, nationality, ethnicity, language, religion and colour etc. It received new shape when human
being beagan to think themselves . Each and every human beings are entitled to these rights without
discrimination .

MEANING OF Human Rights :- Human being are rational beings . They by virtue of their
being human possess certain basic and inalienable rights which are commonly known as human rights .
Since these rights belong to them because of their very existence they become operative with their birth .
Human rights being the birth rights are therefore inherent in all the individuals irrespective of their caste,
creed, religion sex and nationality. These rights are essential for all the individuals as they are consonant to
physical , moral social and spiritual welfare . They are also necessary as they provide suitable conditions
for the material and moral uplift of the people . Because of their immense significance to human being
human rights are also sometimes reffered to as fundamental rights,basic rights, inherent rights and birth
rights .Presently the vast majority of legal scholars and philosophers agree that every human being is
entitled to some basic rights . Thus there is universal acceptance of human rights in principle in domestic
and international plane . Human rights is a generic term and it embraces civil liberties and social economic
and cultural rights . There are certain deeds which no one can be deprived without a grave affront to justice
. There are certain deeds which should never be done certain freedoms which should never be invaded
something which are supremely seared . It is so because they affect the human dignity .

DEFINITIONS : These are many jurists views :-

 Chief Justice of India, J.S. Verma He has rightly stated that “Human dignity is the
quitessence of human rights . All those rights which are essential for the protection and maintenance of
dignity of individuals and create conditions in which every human rights. All those rights which are
essential for the protection and maintenance of dignity of individuals and create conditions in which
every human being can develop his personality to the fullest extent may be termed human rights
.However dignity has never been precisely defined on the basis of consenus but it accords roughly with
justice and good society .
  D.D. Basu Defines Human rights as those minimum rights which every individuals
must have against the state or other public authority by virtue of his being a member of human
family irrespective of any other consideration . Human rights being essential for all round
development of the personality of the individuals in the society be necessary protected and be made
available to all the individuals. They must be preserved cherished and defended if peace and
prosperity are to be achieved .

Human rights are the very essence of a meaningful life and to maintain human dignity is the ultimate
purpose of the government . The consciousness on the part of the human being as to their rights has also
neccessiated the protection by the states .

 KINDS OF Human Rights :-

Human rights are indivisible and interdependent and therefore precisely there cannot be different kinds of
human rights . All human rights are equal in importance and are inherent in all human beings . The
Universal Declaration of Human Rights therefore did not categorize the different kinds of human rights .
However the subsequent development made in the human rights field under the united nations systems
make it clear that human rights are of two kinds :-
1) Civil and political rights
2) Economic, social and cultural rights

1) Civil and Political Rights :-

 Civil rights or liberties to those rights which are related to the protection of the rights to life and
personal liberty . They are essential for a person so that he may live a dignified life . such rights
include right to life, liberty an d security of persons, right to privacy, home and correspondence, right
to own property freedom from torture, inhuman and degrading treatment, freedom of thought,
conscience and religion and freedom of movement .
 Political rights may be reformed to those rights which allow a person to participate in the
Government of a state . Thus right to vote, right to be elected at genvine periodic elections, right to
take part in the conduct of public affairs directly or through chosen representatives are instances of
political rights .
 The nature of civil and political rights may be different but they are inter related and interwoven and
therefore it does not appear logical to differantive them . These rights are the rights of the first
generation which derive primarily from the seventh and eighteenth century reformist theories which
are associated with the English, American and French revolutions.
 Specifically these rights protect citizens from acts of murder, torture,cruel and unusual punishment ex.
post facto legislation the denial of habeas corpus and imprisonment without due legal process .

2) Economic, Social and Cultural Rights

Economic, Social and Cultural rights are related to the guarantee of minimum necessities of the life to
human beings . In the absence of these rights the existence of human beins in likely to be end dangered
Right to adequated food , clothing, housing and adequated standard of living and freedom from
hunger, right to work, right to social security, right to physical and mental health and right to
education are included in this category of rights . These rights are included in the category of rights .
These rights are included in the category of rights . These rights are included in the international
convenant on Economic, Social and Cultural rights.
Economic, Social and Cultural rights are based fundamental on the concept of social equality .
Realization of these rights which is generally called the rights of second generation has been
somewhat show in coming .

Sources of International Human Rights Law :- International Human Rights law has
been developing extensively since the creation of the United –Nations . The most fundamental point
about human rights law is that it establishes a set of rules for all the people pf all the states .
International human rights law derives from the variety of sources which are follows :-

1. International treaties :- Treaties are the most important sources of international human rights
law . Presently a number of multilateral treaties relating to human human rights are in force which are
largely binding to those states which are parties to them . The most important amongst them is the
United-Nations charter itself which is binding on all the sates in the world and establishes at least general
obligations to repect and promote human rights Regional treaties on human rights such as European
convention on Human Rights . American convention on Human rights .
 2. International Custom :- Certain international human rights have acquired the status of
customary International law by their widespread practice by states and they therefore are binding on all
the states without regard to whether they have expressly consented .
A) genocide B) slavery or slave trade C) the murder or causing the disappearance of individuals
D) torture or other cruel inhuman or degrading treatment or punishment E) prolonged arbitrary detention
F) systematic racial discrimination .
Although the above list might not be exhaustive or other may disagree to the above list of human rights
as to have acquired the status of customary rule of international law there seems to be evidespreed
agreement that a number of rights are at present include within customary international law and
consequently they are the source of international human rights law . It would be of immense help to the
International court of justice, states and to their courts as they would come to know about them .

3. Other International Instruments :- A great number of international declarations

resolutions and recommendations relating to human rights have been adopted under the auspices of united
Nation which have established broadly recognized standards in connection with human rights issues
despite the fact that they are not legally binding on the states .The most important of these is the UDHR
1948 which possess a moral or political force that may be useful in providing government officials to
observe human rights standards .

4. Judicial Decisions :- Decisions of the various judicial bodies are relevant in the determination
of the rules on human rights issues . Although action by the International court of justice in the area has
been limited there is no doubt case could fall within its competency >In addition to the judicial decisions
opinions of the arbitral bodies whose function is to mediate on complaints of human rights violations
under the various treaties also assist in the determination of the rules relevant to international human
rights.

5. Official Documentions :- Official document of the United Nations and its subsidiary bodies
have produced a vast amount of documentations relating to human rights matters . Human rights law
journal, human rights review and European law review and the collective work done under the auspices
of the international bodies are of considerable values .
 Theories of Human Rights Philosophical Theories of Human Rights Law also serve
important roles in the ongoing development of the human rights practices .Judges and other members of
these human rights courts and treaty bodies rely on some normative theory more or less explicit, when
they embark on necessary, highly influential yet. These are several several theories which are relevant
to the concept of human rights such as these are :-
1) Theory of Natural Rights
2) Theory of Social Rights
3) Theory of Legal Rights
4) Theory of Historical Rights and
5) Theory of Economic Rights

1) THEORY OF NATURAL RIGHTS

It states that an individual enters into society with certain basic rights and no government can deny these
rights . The natural rights evolved out of the natural law that peoples are the creatures of nature . They exit
their lives and organize their society on the basis of rules and principles laid down by nature . When the
idea of individuals developed in the 17th century theory of natural law were modified and focused on the
rights of the individuals . It cannot be violated by anyone or by any society because they are natural beings
. therefore we can clearly say that today’s human rights are the child of ancient natural rights .
 The most notable expression of this doctrine is found in the withings of John Locke . John Locke
argued that all individuals were gifted by nature with the inherent rights to life, liberty and property of
their own and could not be removed or abolished by state . Two things are evident form his view of
natural rights one is the individual is an autonomous being capable of exercising choice and the seond is
the legitimacy of government depends not only upon the will of the people, but also upon the
government’s willingness and ability to protect those individual natural rights . Accordingly, human
beings are good by natureand they carried the same rights they had enjoyed in earlier stages of society into
political society and important among them are freedom worship the right to a voice of their own
government and the right of property .
 Jean Jacques Rousseau attempt to settle the natural rights of the individual with the need for social unity
and cooperation through the idea of the social contract .
 Rousseau declared that natural conferred nalienable sovereignty on the citizens of the state as a whole .
The most significant details of idea of natural rights came from the writings of Thomas Jefferson, Samuel
Adams and Thomas Paine made the natural rights theory a powerful justification for revolution .
 2). THEORY OF SOCIAL RIGHTS

The theory of Social rights states that rights are the conditions of society . It is creation of society, law ,
customs, traditions and yield to what is socially useful or socially desirable . What is socially useful should
have for its test the greatest happiness of the greatest number . The real advocates of this theory was
Bentham and Mill . They established the principle of greatest happiness of the greatest number and made it
for them sure of utility . But utility should be determined by considerations of reason and experience
according to them.

Laski accepts utility as the basis of rights . He agreed that the test of right is utility and the utility of a
right is its value to all the members of the State. rights are not independent of society but inherent in it .
One’s rights are built upon one’s contribution to the well- being of society . Rights are built upon their
utility to the individual and the community . Utility is the measuring rod of a particular right . The theory
has its appeal in the sense of justice and reason .

3). THEORY OF LEGAL RIGHTS

One of the main exponents of this theory was Austin . According to this theory rights are created and
maintained by the state .The state is the only source of right and outside the state an individual has no right to
at all and never claim rights against state . The theory further mainttainst rights are not natural to man .The
political pluralist object this theory ,because the state does not create rights but it only recognizes them .

These are lot of criticism about this theory because it does not provide an adequate basis of right . It might
tell us the character of a particular state but it does not tell us what rights need recognition . This theory will
lead to despotic state and tyranny of laws . It does not provide a basis to know what right ought to be ensured
. Rights are in fact not what the man needs for his self- development and what the state should grant .

4). THEORY OF HISTORICAL RIGHTS

According to this theory, rights are the product of history and originate in its customs which passed from
one generation to another . It gives phasis to custom . They are considered fundamental to the growth and
development of man, because they are maintained by a long unbroken custom and the generations have
habitually followed them .
The Scholar Burke maintains that the French Revolution was based on the abstract rights of man,
whereas the Glorious Revolution of England was based on the customary rights of the people of that
country . There is much truth in what Burke says because the French Revolution itself was the result of the
prevailed conditions of that country, but its slogan was liberty, equality and fraternity .These three
abstract principles were universally applied .

On the other hand, the Glorious revolution simply a reaffirmation of historic liberties of English had their
heritage since the days of the Anglo-Saxons . It found due expression in Magna Carta, Petition of Rights
and varities other documents of constitutional importance .

It is note that many of our rights are really originated in our primitive customs .At the same time it does not
mean the origin of all rights can be traced to customs and traditions . when rights are rigdly tied to custom
alone, we entirely ignore the dynamic nature of society and the changing capicties of rights .Rights change
with the facts of time and place .

5). THEORY OF ECONOMY RIGHTS

It finds its inspiration in the teaching of Karl Mark . It rejects the concept of natural and other rights
stated from time to time as an explanation of the nature rights .

Marx’s idea is simple and even convincing too to certain extent . According to him the state is powerful
agency to uphold the particular type of social organisation and law is a tool of the state that preserve and
safeguard the interests of the dominant group in the society . He explained that political, social, religious
sand other institutions are determined by economic component, which is essentially the mode of production

To each stage of production in the development of society corresponds as appropriate political from and an
appropriate class structure . Every system of production leads to the rise of two opposite classes- the
exploiters and the exploited .

LASKI agrees with MARK’S idea and maintains that the way the economic power is distributed at any
given time and place will shape the character of legal duties which are imposed on that time and place . The
economically powerful group in society dominates, controls and regulates the machinery of the government
and occupies all the key positions of power .
The laws are so made and the policies of the governing class so devised formulated that they protect the
interests of this group alone . Consequently dogmas of equality before the law and other fundamental rights
of the people are only a cloak of inequality slavery . Rights are as such neither the product of human nature
nor their origin can be traced to the ancient customs, or in their inherent utility, nor are rights the result of
external conditions essential to man’s internal and real development .

The economic structure of society at a given period of time is the foundation on which the political system
of a country is built . In a capitalist society, the aim and nature of rights are to promote and foster the
interests and privileges of the dominant economic group that owns productive forces . For the masses
rights are the instruments of their enslavement .

Karl Marx finally belives that rights can exist and flourish only in a classes society where all are equal
and no one is to be an exploiter . He ignored all talk of rights in the capitalist society and regarded
fundamental rights the pillars of democracy and the fetish of bourgeois jurisprudence .

FUNCTIONS OF THE HUMAN RIGHTS COUNCIL

A. It shall promote human rights education and learning as well as advisory services , technical
assistance and capacity building to be provided in consultation with and with the consent of meber states
concerned .
B. It shall serve as a form for dialogue on thematic issues on all human rights .
C. It shall make recommendations to the General Asssembly for the further development of International
Law in the field of human rights.
D. It shall promote the full implementions of human rights obligations undertaken by states and follow up
to the goals and commitments related to the promotion and protection of human rights emanating from
united nations conferences and summits .
E. It shall undertake a universal periodic review based on objectives and reliable information of the
fulfillment by each state of its human rights obligations and commitments in a manner which ensures
universality of coverage and equal treatment with respect to all states .
F. It shall contribute though dialogue and cooperation towards the prevention of human rights violations
and respond promotly to human rights emergencies .
G. The council shall submit an annual report to the General Assembly .
H. It shall make recommendations with regard to the promotion and protection of human rights .
CONCLUSION
The description of theories of rights express the fact that rights are originated inherently in human beings .
However it is helpful to the development of the human beings . rights are the properties of human beings .
It is necessary and useful for the social development . Human life is upgraded though these rights .
Human rights are not just a product if morality but protect the basis freedom and well being necessary for
human agency . Human rights represent a social choice of a particular moral vision of human potentiality
which rests on a particular moral vision of human potentiality, which rests on a particular substantive
account of the minimum requirements of a life dignity .