Define Human Rights. Discuss the Features of Human Rights.

Write down the Origin of

Human Rights. Discuss the Classification of Human Rights with suitable examples.

Human beings are the most evolved and therefore the most complex among the living
organisms on the earth. We are known to be social beings and cannot live without society.
Peaceful coexistence is the basis of our life and thus it is important to have respect as well as
protect the life of each other.

Rights are those claims and demands of an individual or group of individuals to good life
which are accepted by the community or society as essential for the common good and
recognized by the State. In other words, rights are also those essential factors without which
human life cannot sustain.

Human rights, as the term is most commonly used, are basic entitlements bestowed upon
every human being under birth. The underlying idea of such rights is to ensure that all men,
women, and children are treated with respect and dignity. For example, as human beings, it is
our birthright that all of us should be given equal treatment and should not be discriminated
against on any account due to differences of religion, caste, class, color, gender, or anything
else either by the State or the community or for that matter the family.

Charles Malik, a Lebanese philosopher and diplomat, defined human rights as "the
rights which belong to man simply because he is man."

Amartya Sen, an Indian economist, and Nobel laureate, defined human rights as "the
entitlements that are crucial for the pursuit of a life that is worthy of human dignity."

Herbert Hart, an English legal philosopher, defined human rights as "those

fundamental rights of the individual which are not dependent on the laws or customs
of any particular society, but are justified by the fundamental requirements of a decent
human existence."
 According to the United Nations, human rights are “rights inherent to all human
beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other
status”.

Human rights are sometimes referred to as fundamental rights, basic rights, inherent rights,
natural rights, and birthright. They are essential for all individuals to protect themselves
against the State or public authority or members of their class.

In addition to the definitions above, here are some key characteristics of human rights:

I. Human rights are universal. They apply to all human beings, regardless of their race,
sex, nationality, ethnicity, language, religion, or any other status. The values such as
divinity, dignity, and equality that form the basis of these rights are inherent in human
nature.
II. Human rights are inalienable. They cannot be taken away or denied, except in very
limited circumstances. For example, if an individual gives, even in writing, telling the
police that he should be arrested for a crime that he had committed and locked up
without a trial. It cannot be considered a valid statement. This would be a violation of
his/her basic human right to life and personal liberty.
III. Human rights are interdependent and interrelated. They are all interconnected and
cannot be separated from each other. For example, respect for civil and political rights
cannot be divorced from economic, social, and cultural rights. Or from another angle,
focusing on specific rights such as the right to work ensures the right to food, shelter,
clothes, etc.
IV. Human rights are indivisible. They all have equal importance and cannot be ranked in
order of importance. The right to work is as much important as the right to health.
They cannot be separated or ranked in order.
V. Human rights are Essential for the Gratification of Aspirations. Every 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. For instance, a
human life can have a purpose to live with dignity but would dignity exist if he/she
can't even afford food, can't even access basic health care, or can't even avail of
education? Without these basic rights, he or she will have mere existence rather than a
dignified one.
VI. Human Rights are Dynamic. Human rights are ever-changing and constantly
dependent on the change in the political, economic, social, or environmental
structures of the State. For example, the right to be cared for in times of sickness has
now been stretched to include free medical treatment in public hospitals under the
Public Health Scheme.
VII. Human Rights are Never Absolute. Man lives in a society that invariably establishes
some limitations on the enjoyment of rights and freedoms. Human rights are those
restricted privileges or prerogatives, which subscribe to the common good. These are
acknowledged and attested by the state through its legislation. Each of these rights
comes with restrictions. For example, you have the right to listen to music whenever
you want but that doesn’t give you the right to use loudspeakers in the middle of the
night.
VIII. Human Rights Restrains State Power. Human rights imply that all citizens have
rightful demands upon their society for certain freedoms and assistance. Thus we
could say that human rights limit the State’s power. These may be in the form of
restrictions on the powers of the State from violating the inalienable freedoms of the
individuals, or it may be in the obligations of the State to not interfere in the citizen’s
personal life.

Human rights are essential for the protection of human dignity and the promotion of a just
and peaceful world. They are also essential for the development of individuals and societies.
By understanding and promoting human rights, we can create a world where everyone can
live a life with dignity. Human rights are characterized as inalienable, connected with human
dignity, and necessary for fulfilling human life.

Origin of Human Rights

The origin of human rights may be traced back to the theory of Natural Rights derived from
the concept of Natural Law, as propounded by ancient Greek Stoic Philosophers and further
developed by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. The American and
French Revolutions gave further impetus to the struggle for human rights. The evolution and
development of human rights in the international context can be traced to the Magna Carta
and the English Bill of Rights followed by the French Declaration and the American Bill of
Rights.

Natural Rights Theory

Thomas Hobbes (1588 – 1679) was the first champion of the theory of ‘natural rights’. In his
celebrated book, ‘Leviathan’, he advocated that no individual could ever be deprived of the
right to life, which he enjoyed in the state of nature. He asserted that all human beings are
equal, without any consideration.

John Locke (1632–1704) developed the idea further in his book, ‘Two Treatises
Government.’ He argued that every human being has a natural right to life, personal liberty,
and property and that no governmental authority has the power to deprive individuals of these
rights because they had enjoyed them even before the creation of the civil or political society.

Rousseau (1712 – 1778) is regarded as the greatest master of natural law school. In his
celebrated book, ‘The Social Contract’, Rousseau states that “All men are born free but
everywhere they are in chains.” Rousseau proclaimed that men are bestowed with inalienable
rights of liberty, equality, and fraternity. These concepts became the basis for the French
Declaration of the Rights of Man and the Citizen.
Paine an American revolutionary thinker developed the doctrine of natural rights without
linking it to the social contract theory. He held that rights are natural because they were
bestowed upon man by God himself. These rights exist independently of the legal code of any
country.

Landmarks in Development of Human Rights

The Magna Carta (1215) was a British document that was an agreement stating that the
sovereign or king had to consult with the lords or barons of the kingdom in establishing
certain public policies. This was very important for the development of a constitutional or
limited government, but it was not a legitimate human rights document. The Magna Carta is
acknowledged to be the originating document that influenced the drafting of the English
Liberties and American Liberties.

The English Bill of Rights, 1689

The next source and avenue of the development of the philosophy of human rights is the
English Bill of Rights, enacted on December 16, 1689, by the British Parliament. The British
Parliament declared its supremacy over the Crown in clear terms. The English Bill of Rights
declared that the king has no overriding authority. The Bill of Rights codified customary laws
and clarified the rights and liberties of the citizens. It lays down the twin foundations, viz.,
the supremacy of the law, and the sovereignty of the nation, upon which, the English
constitution rests.

American Declaration of Independence, 1776.

The first colonies to revolt against England were the thirteen States of America. These states
declared their independence from their mother country on 4th July 1776. The declaration
charges the king with tyranny and affirms the independence of the American colonies. The
Declaration of Independence has great significance in the history of mankind as it justified
the right to revolt against a government that no longer guaranteed man’s natural and
inalienable rights.

The U.S. Bill of Rights, 1791.

The U.S. Constitution was enacted on 17th September 1787. The most conspicuous defect of
the original constitution was the omission of a Bill of Rights concerning private rights and
personal liberties. James Madison (an elected member from Virginia of the First Congress's
House of Representatives) therefore proposed as many as twelve amendments in the form of
a Bill of Rights. Ten of these were ratified by the State legislatures. These ten constitutional
amendments came to be known as the Bill of Rights. The overall theme of the Bill of Rights
is that the citizen be protected against the abuse of power by the officials of the States

The French Declaration of the Rights of Man and of the Citizen, 1789

The fall of the Bastille and the abolition of feudalism, serfdom, and class privileges by the
National Assembly ushered France into a new era. On 4th August 1789, the National
Assembly proclaimed the Rights of Man and the Citizens. The Rights were formulated in 17
Articles.

The Declaration of the Rights of Man and the Citizen has far-reaching importance not only in
the history of France but also in the history of Europe and mankind. The declaration served as
the death warrant for the old regime and introduced a new social and political order, founded
on noble and glittering principles. Further, the declaration served as the basis for many
Constitutions, framed in different countries, where the framers gave top priority to human
rights.

Declaration of International Rights of Man, 1929.

After World War I, questions about human rights and fundamental freedoms began to be
raised. In 1929, the Institute of International Law adopted the Declaration of
International Rights of Man. The Declaration declared that the fundamental rights of
citizens recognized and guaranteed by several domestic constitutions, especially those of the
French and the U.S. constitutions, were in reality meant not only for citizens of the states but
for all men all over the world, without any consideration.

The UN Charter, 1945.

The United Nations Charter was drafted, approved, and unanimously adopted by all the
delegates of the 51 states, who attended the United Nations Conference at San Francisco. The
UN Charter contains provisions for the promotion and protection of human rights. The
importance of the Charter lies in the fact that it is the first official document in which the term
‘Human Rights’ was used, which also recognized the respect for fundamental freedom.

The Universal Declaration of Human Rights, 1948.

The Universal Declaration of Human Rights was adopted by the General Assembly of the
United Nations on 10th December 1948. The Declaration consists of thirty Articles and
covers civil, political, economic, social, and cultural rights for all men, women, and children.
The declaration however is not a legally binding document. It is an ideal for all mankind.

International Covenants on Human Rights

The Universal Declaration of Human Rights, 1948 was not a legally binding document. It
lacked enforcement. This deficiency was sought to be removed by the U.N. General
Assembly by adopting in December 1966, the two Covenants, viz,

1. International Covenant on Civil and Political Rights and

2. International Covenant on Economic, Social, and Cultural Rights.

The two International Covenants, together with the Universal Declaration and the Optional
Protocols, comprise the International Bill of Human Rights. The International Bill of Human
Rights represents a milestone in the history of human rights. It is a modern Magna Carta of
human rights.

The evolution of human rights has taken place over centuries. The twentieth century
witnessed the crystallization of the philosophy of Human Rights when the United Nations
adopted the UN Charter in 1945, The Universal Declaration of Human Rights in 1948, and
the International Covenants on Human Rights. These efforts put further emphasis on the
protection of the rights of women, the abolition of slavery, racial discrimination, civil and
political rights, economic, social, and cultural rights, and most importantly the rights of
children.

Classification of Human Rights

1. Civil Human Rights

2. Political Human Rights
3. Economic Human Rights
4. Social and Cultural Human Rights
5. Development Oriented Human Rights

a. The seventeenth, eighteenth, and nineteenth centuries contributed and strengthened civil
and political rights, which assured civil and political liberties. Civil and Political Human
Rights are collectively known as 'Liberty Oriented Human Rights' because they provide,
protect, and guarantee individual liberty to an individual against the State and its agencies.
Liberty rights, also referred to as Blue Rights, are the First Generation of Human Rights.
Freedom of Speech, Freedom of Religion, Right to Vote, Right to Assembly, Right to Privacy
Right to Fair Trial, Right to Due Process, Right to Freedom from Torture and Cruel,
Inhuman, or Degrading Treatment, Right to Equality before the Law, Right to Freedom of the
Press, Right to Political Participation, Right to Freedom of Movement, etc are the examples
of Civil and Political Human Rights

b. The twentieth century contributed to the development and strengthening of economic,

social, and cultural rights and the rights of minorities as well. These rights aim at the
promotion of economic and social security through the economic and social upliftment of the
weaker sections of society. These rights are essential for the dignity of personhood as well as
for the full and free development of human personality in all possible directions. These rights
ensure a minimum of economic welfare for the masses and their basic material needs,
recognized by society as essential for civilized living.

The economic, social, and cultural rights, including the rights of minorities, are collectively
known as "Security Oriented Human Rights" because these rights collectively provide and
guarantee essential security in the life of an individual. In the absence of these rights, the very
existence of human beings would be in danger. These are also known as the "Second
Generation of Human Rights." They are also referred to as Red Rights or positive rights.

These rights, along with Civil and Political Rights, were declared by the Universal
Declaration of Human Rights and later recognized by (1) the Covenant on Civil and
Political Rights and (2) the Covenant on Economic, Social, and Cultural Rights in
December 1966.

Right to Work, Right to Social Security, Right to Education, Right to Health Care, Right to
Housing, Right to Food, Right to Water and Sanitation, Right to Social and Cultural
Participation, Right to Fair and Just Working Conditions, Right to Trade Union and
Collective Bargaining, etc are examples of economic, social & cultural Human Rights.
c. Development Oriented Human Rights are of very recent origin in the late twentieth
century. These rights enable an individual to participate in the process of all-around
development and include environmental rights that enable an individual to enjoy the gifts of
nature, namely, air, water, food, and natural resources, free from pollution and contamination.

These are known as the Third Generation of Human Rights or Green Rights. They are
also called Solidarity Rights because their implementation depends upon international
cooperation. Solidarity rights are of special importance to developing countries because these
countries want the creation of an international order that will guarantee them the right to
development, the right to disaster relief assistance, the right to peace, and the right to good
government. Examples: Right to Development, Right to a Clean and Wholesome
Environment, Right to Health and Well-being, Right to Education and Skill Development,
Right to Economic Opportunity, Right Adequate Standard of Living, Right to Technology and
Information, Right to Gender Equality and Empowerment, Right to Disaster Relief and
Humanitarian Assistance, Right to Cultural and Indigenous Heritage.

Human rights have been classified on different bases. Each right signifies the awareness and
emancipation of a particular century. For example, development-oriented rights belong to the
twentieth century, which are essential to maintain world peace as well as the right to a clean
and wholesome environment along with environment protection and improvement.