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Human rights - Lecture notes

Environment Management and Human Rights (Mahatma Gandhi University)

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5---=A-:-::--;-1,-H_U_M___A__N
t.40DULE
RIGHTS

t a mo dern .
· Hu ma n rig ht is no concept. The r
oots of hUJnan rights
ancient-most cultures which have bee n rooted out by can be founn.
oc itie s and act of barba . . passage of time. There has llllhe
rule of human atr of cenain tribe been a
. d . narusm
tion of law s to pro tect h . s. This necessitat...t
procJamation an mt rod uc uman nghts. ·"-\1

Heaning an d Definition
to tho se bas ic rights which are essentta •
'fhe 'ter m 'Hu ma n Rig hts , refer lfor the
·
men t of hu ma n per sor uil ity, suc h as rig ht to life, liberty, propeny and security of
develop
n rig hts are inh ere nt to all hum an beings, whatever te the nationality,
an individua.l. Hu ma
se x, nat ion al or eth ic ori gin , colour , reli gion, l&[Link], or any other
place of residence,
ma n rig hts are als o kn ow n as fun dam ental rights or basic rights. These are the
!latus. Hu
earth.
~ts that a human being must enjoy on this
'gh ts as ,:th
,~" freedom , immunities and benefits that, according
eJ''
Black defines human n abl la· as a matter of right in the
. ings should be e to c zm
to modem values, a/,l huma _,,n be
society in which they live". ,.
be'
Concen t h . ahuman mg.
.,,, . ly because e is
•
oyed by a person sIDlP d ~ rever. All human beings
\Human rights are the rights enj
°
II universally aned with reason and conscienee ·
llinan rights are held by all persons equ a , Y' · ensure
• · Th ey are endow countn es
~ ho ood Dif ferent
e rn free and equal in dignity and nghts.
th ~on stitution as pundaJJlental
~ should act towards on e an oth er in a spi rit of bro the~h
'ghts of human beings.
In Ind ia the y are con tain ed Ill e
Iese rights mw
. ,:a:u
ue rentway s. . guaranteed n .
~
statutoriIY ot Jive in digIDIY·
l\&hf.3. The fundamental rights are the
''!CSe . m· b people cann
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HUJnan rights are th . Righzs

Prot · e nghts and freed
ecnon against brea h om to which every human be. .
is ~
enforced in internatt· c es of these rights committed by a state may .m mg some cases
ona} law It . .
as fOnning pan f . is sometunes suggested that human rights are best be
0
treaty law. . ~

Development - History of Human Rights

.
The human rights which we elljoy
. today are developed though various
lIDport ant landmarks in the development of human rights are the following d stages_ 1be
charter s of Jibe ty Th h . <>annents of
. , . r . e c arters of hberty are steps towards the realisation and
unplementation of human rights. The charters of liberty are:

I. Magna Carta of1215: The Magna Carta is considered as the first charter of libeny.
-It was signed by the king John of England in 1215. The main theme of the Magna
Carta was protection against the arbitrary acts of the king.

2. Social ~ontra ct Theory: The influence of social contract theory in the de~elopmem
of the Human Right was more profound in scope as well as in its impact. These
doctrines became popular during 16th and 17th century through the writings ofdiffeiem
authors.

3. English Bill of Rights of 1689: The Bill of Rights was signed in England in 1689,
after the Glorious Revolution of [Link] the Glorious Revolutio~ the power of
the king was reduc~ and the British parliament declared its supremacy over the i

crown in clear terms. Soon after the coronation of William and Marry, the new ~

rulers after revolution, summoned the convention parliament, accepted the declaration
t
of the rights and passed it into law in the form of the "Bill of Rights". •
is
4. American Declaration of Independence of 1776: America was the colony of Britain. ..
There were 13 c~lonies in America. These colonies were revolted against England ~:
for their independence. The state declared independence in 1776. The Declaration ~-
of Independence was done on July 4th 1776. i,):

5• American Bill of Rights of 1791: The first ten amendments of the American
constitution constitute the American Bill of rights. James Madison proposed as many l~
as twelve amendments in the form of a Bill of Rights in 1791. Ten of these were ~~
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ratified by the State legislature

8
. • These t
JalOWD as the B 111 of Rights . en consr . 5 .1
in America ltut,onai a
6, ,French Declaration of the Rights or~ 11\cl\dll\cnt.s came to be
I ,Man was a product of French R . an of 1789: The "'--
. evo1Ution. The ~\arauon o .
The National Assembly swept aw th revolution reach- . f the Rights of
ay e anci fi "'" its c\i
of the revolution was liberty a1· ent eudalism and 8 " rn~ in 1789.
, equ 1ty and frat . er,doll\ ih
fatal blow to absolute monarch [Link] • The French re · . c slogan
. y and a death blo vo\utton gave a
estabbshment of French Republic All th . w to feudalism and 1_
· e spec1a1 p · il '"" to the
society came to be organized on the b . f . riv eges were abolished and the
as1s o equality The F
the people to enjoy different kinds f . h 0
. rench revolution enabled
ng ts. The revolution tab\'
ideas of Liberty, Equality and Fraternity Th es ished the novel
· e government should be ..
the people" but also "by the people,,. not only for

On 1~~ august 1789' the National Assembly proclaimed the Rights of Man and of
the C1ttzens. It declared that men are born free and equal in rights.
7, The Bolshevik Revolution of Russia of 1917: Toe Russian Revolution was the greatest
social uprising of the world since the French Revolution. Russian revolution took
place in 1917. It was the first successful communist revolution of the world. The
revolt was against the naked exploitation of the_masses by the autocratic ruler and
the wealthy feudal nobles. The revolution brought a thoro~gh change in the political,
social and economic life of the people and established the first proletariat government
of the world.
The Bolshevik Revolution in Russia ( 1917) emphasized that economic and soc~al
. . l . hts Many economic and social
rights were as important as the civil and pohuca rig ·
. . . tif ing to note that the
rights had been included in the soviet constitution. It is gra y . th oncept
. . onomic dimensions to e c
socialist revolution in Russia. introduced socio-ec f E lish American
. . d documents o ng ,
of rights, which were neglected m the events an
and French revolutions. . Declaration of
1948· The Un1versa 1 ft d
Untversa1 Declaration of Human Rights of . an Rights. It was dra e
}{ . . . · the history of Hum
document
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5.4 Environment Management and Human 'Rigltt.i \1¢

by the representatives with different legal and .cultural backgrounds from all re . ),
of the world. The Declaration was proclaimed by the United Nations &ions
· O
Assembly m p . O
arr1s on 1 th December 1948, as a common standard of achievenera\
for all people and all nations. It sets out, for the first time the fundamenta1 i::
rights to be universally protected and it has been translated into over 500 hn-.:
~&es.
The Declaration consists of 30 articles affinning an individual's rights which, altboogb
not legally binding in themselves, have been elaborated in subsequent interllational
treaties. The Declaration was the first step in the process of formulating tbc
International Bill of Human Rights, which was completed in 1966, and came into
force in 1976, after a sufficient number countries had ratified them. of
9. International Covenants on Human rights: To meet the·demand for a legally binding
document for the protection of the human rights, two international covenants were
approved by the General Assembly on 16th December1966. These are:-

1. International Covenant on Civil and Political Rights,

..
n. IIiternational Covenant on Economic Social and Cultural Rights .

What is more important about the two UN covenants is that they contain "intemaBODII
mechanism" t~ monitor and oversee that the obligation of human rights are o .
by states parties to the covenants. Two supervisory bodies - that H
.*ee· under ICCPR and committee on Economic, · ·a1 d cul
C OmmI1.1i soc1 an
h l States
under ICESER consisting of 18 human rights experts are created to e p
to the covenants in fulfilling these obligations·

Features / Characteristics of Human Rights

· • · f human rights:
The following are the basic characteristic so t$Q:
· ot granted by any pe .
1. Inherent: Human Rights are inherent because they are n . d ·
. ht arned or inhente . ,
authority. Human rights do not have to be boug , e
. . . h because without the .,
1. Fundamental: Human Rights are fundamental ng ts -
and dignity of man will be meaningless.
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Inali· enab le: H u m

3. a n n·g h ts c a n n o t b e ta k
rights e v e n w h e S.s
n th e la w s o f th
e ir c o u ne tn
n away b y any o n e
P
violate th e m . H u . · eo
m a n R ig h ts a re inalienab es d o not recogniz ple still have h
le b e
a. th e y c a n n o t cause: e them, or whenum an
they
b e ri g h tf u ll y ta k
e n aw ay fr o m fr
b. th e y c a n n o . . .
t b e g iv e n a w a y a ee md1v1dua1.
o r b e forfeited.
4 Imprescrip
• tible: H u m a n R ig
h ts d o n o t p re sc
fails to u se o r a ss ri b e an d cannot be
e rt th e m , e v e n b .
y a lo n g passage 1ost ev
s. Indivisible: T o li v e in o f ti m e. en 1f man
d ig n it y , all h u m a
decent st a n d a rd s n beings are entitl
o f li v in g . H u m a n ed to freedom, secu
ri g h ts ar e indivisib rity and
6. Universal: H le an d not capable of
u m a n R ig h ts a re being divided.
o n e' s o ri g in , st a u n iv e rs a l in applicatio
tu s, o r c o n d it io n and they apply irre
n o r p la c e w h er e spective of
,. Interdepende o n e li v es .
nt: H u m a n R ig h
ts a re interdepen
not be p o ss ib le w dent because the ex
it h o u t th e re a li z ercise of one may
a ti o n o f th~ other
.
Different G e n e r a
ti o n s o f Human
R ig h ts
In 1979, C z e c h ju . . ts
ri s t K a re l V a sa k . tr o d u c e d 3 different categon
His theory w a s b a s m . es of human ng h .
th 3 ri
e d o n e P n c ip le s o f th e F re n h R volution. These are liberty,
tquality, and fr a te c e
rn it y · A s su eh h e d iv id e d h u m . hts in to civil-po . .
' . a n n g htical, socio-
economic and c o
ll e c ti v e -d e v elOPmental rights·
' •
l. The First Genera ·
[Link] o f Human
. il.-p r · al Rights
Rights - Civ o me
The first g e n e ra ti o ailed as 'blue rights', ntiallY
.
n o f h u m a n n tsgh so m et im es c deal ess~ . al in
. , . T u e y a re fundaIIlenta . il and pobnc
With liberty a n d p . . . · politi
a rt ic llY c1v
ip a ti o n in cal life·
.
o th e r thin
nature. F ir st g e n e ra ti • · gs,
o n ri g h ts m e lu d e , a m o n g
uality before the law
(a) th e ri g h t to li (b ) e q
fe
(d ) th e ri g h t to f . trial
(c) fr e e d o m o f sp arr
eech first
(e) fr e e d o m o f re . . (t ) v o ti n g ri ghts
. h g 1 0 n , a nd . rnational 1aws, 96
6
. in
d given statu5 U·glte r
These ri g h ts e n sh eg hts and late in 1
ri n e d a t th . lo b a l le v e l an . HU illan Ri
by Articles 3 to 2 1 a l D e c ia ra u o n o f '
· o f th 4 8 01
e 1 9 U ~ ~ rs
: \1\ the Internatio d p o li ti ca l Rights
nal C o v e n a n t o n c w il ~ ·
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Environment [Link]
11
[Link] and R
The first gene ratio
uman Rights
0
are e · of human rights · Civil-political r'
ssent1a1Iy mea nt for protectin th . ~s. rather individualistic.
g e md1v1duals from the state •&hts
Ther e ar .
.
e two subc ategorie . s. They are:
s of civil r · right -
i. Physical . . -po 1t1cal
- and civil security· F
equa l treat men t be~ • or example, the rights to freedom from slavery or
the law.
1ore
ii. Individual liberties: For example, freedom of s - . .
and polit ical participation. peech of thought, rehgion, assembly,

. .
Man y of the right s in th•Is generatio n are based on the United States Bill ofRigh
th F ts and
e renc h Decl arati on of Ri h ts of Man and of the Citizen. Additionally, the International
Cov enan t c· . g
k for this type f
. on ivll and Political Rights outlines the global framewor o
h uman nght .

2. Seco nd Generation of Human Rights - Socio-economic Rights

lity and began to be
~e seco nd gene ratio n of human rights are related to equa
mentally economic, social
reco gms ed by gove rnme nt's after World War II. They are funda
ent to different members
and cultu re in natu re. They guarantee equal condition and treatm
of the citiz en coun try. Seco nd generation rights would include:
a. Righ t to be emp loye d in just and favourable conditions

b. Righ t to food , housing and healthcare

c. Righ t to socia l security

d. Righ t to unem ploy ment benefits.
of Human Rights in
Thes e right s were also covered by the Universal Declaration
, Social and Cultural Rights.
Artic le 22 to 28 and in the International Covenant on Economic
Thes e right s are also know n as 'red right s'.
ntal Rights
3. Thir d Generanon of Human Rights - Collective-developme
ental right. Collective-
The third and final generation of rights is collective-developm
Additionally, they often f
deve lopm ental rights are also known as aspirational or soft laws.
of collective-developmental
do not carr y official legal status. There are two subtypes

right s. They are:

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f. Self-determination• Th' .
• is is the ri h
culture and society g t as to Pol' .
5.-,
. ltica1 statu
.. Special rights of etbni s or deve\oprne .
ii• c and religi • nt 1Il areas
communication, and reii· . ous lllinorities: 'h.. of
g1on. . . u1s could be
the ·
Most recently, collective-d - tight to tUlture,
1
eve opmental ri hts
resources, a healthy environment d . g may also include th .
, an sustamability am e ngtit to na
ong others turai
universality of Human Rights ·
Universality of Human Rights m h . · ·
. eans t ose nghts which •
and are the same for every one at every pla Th are universal in character
. . . ce. ese may be regarded as those fn .. A-- .

and inalienable nghts which are essential for l'fi h .

1 e as uman bemg.
'uuuainenta1

The ~octrine of universality of h ~ rights was created to protect every single

mman bemg, regardless of race, gender, sex, nationality and other differences. It is
: based on human dignity and the belief that no one has the right to take this away from
1aoother human being. The doctrine states that every man has inalienable rights of equality.
· The system of rights was formed on the assumption that no one has control on his
own birth. But it should be followed that every one should have a birth right to be protected
from certain ills, and should get guarantee for certain liberties.
The notion of Universality of Human Rights came into existence only after tbe Secon<l
World War. On 6th January, 1941, the then President of USA, Rusewelt declared four
:fundamental freedom of human beings. These are:
I
I

I. freedom of speech and expression

i. freedom of every person to worship God in his own way
,,
t freedom from want, and

t. freedom from fear

'sic International Human Rights I)ocuments Ri hts have t,een setfortb

I tion of Human g
lbe rights embodied in the Universal Dec ara
two covenants:
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urnan Right,s
.
(i) International Covenan . .
.. t on Ctvil and Political Rights (ICCPR)
(u) International Covenan . . ·
ton Economic, Social and Cultural Rights (ICESCR)
Both the covenants ·
Decembe . 1966 were adopted by the General Assembly of United Nations on 16th
r' and brought into effect in 1976. These covenants ensure equal riirk•.. # ·
men and women to the en• . . .. . 6111& ,or
. ~oyment of all c1vll and poht1cal nghts and economic, SOciaJ
· w• the Universal Declaration of Human Rights these
cultural nghts setforth therem. and
1th
two covenants form the major part of 'International Bill of Human Rights'. '

~e ICCPR focuses on issues such as the right to life, freedom of speech, religion
and voting. The ICESCR focuses on food, education, health and shelter. Both covenants
proclaim these rights for all people and forbid discrimination.

Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human Rights (UDHR) is a historic document that
was adopted by the United Nations General Assembly on 10 December, 1948 at Paris in
France. The Declaration consists of 30 articles affirming an individual's rights. The
Declaration was the first step in the process of formulating the International Bill of Human
Rights, which was completed in 1966, and came into force in 1976, after a sufficient
number of countries had ratified them.

Contents of UDHR
The Declaration consists of a preamble and thiny amcles:
The preamble setsout the historical and social causes that led to the necessity of
drafting the Declaration.

Articles
~ Articles 1-2 established the basic concepts of dignity , liberty, equality, and
brotherhood.
Articles 3-5 established individual rights, such as the right to life and the prohibition
of slavery and torture.
' Articles 6-11 refer to the fundamental legality of human rights with specific remedies
cited for their defence when violated.
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f{zPTl(Jll Rights
59
·
Articles 12-17 established the rights of the tnd1v1duat s . . .
. towards the comm [Link]
:[Link] such thmgs as freedom of movement) •
(JJJ"
Articles 18-21 sanctioned the so-called 'constituftonal hbert
.
ies' ' and . ..
.. .. with .
s pmtu at
n11bllc and pohncal freedoms, such as freedom of thought , op1mon, religi '
r , on and consc ieoce ,
ward, and peaceful association of the individual.
Articles 22-2 7 [Link] an individual's economic ' soc·ta1 and cultural rights
.. '
right t0 a standard of hvmg
iJJCluding healthcare. Article 25 states: "Everyone has the
well-being of himself and of his family, including f~A thin
t,1equate for the healt
.
h and 1 . g,
vvu, CO

bOUSing and med ical care and necessary social services".

Articles 28-30 established the general ways of using these
rights and the areas in
which these rights of the individuals cannot be applied.

International Covenant on Civil and Political Rights (ICCPR)

ed Nations treaty
The International Covenant on Civil and Political Rights is a Unit
based on the Universal Declaration of Human Rights, created
in 1966 and entered into
cols. The first optional
forceon23 March, 1976. The Covenant contains two Optional Proto
individuals in member
protocol creates an individual complaints mechanism, whereby,
wed by the Human
Slates can submit complaints, known as communications, to be revie
~ghts Committee. Its rulings under the first optional proto
col have created the most
system. The second
~lex jurisprudence in the UN international human rights law
C,,tionaI protocol abolishes the death penalty.
(ICESCR)
International Covenant on Economic, Social and Cultural Rights
a multilateral
The International Covenant on Economic, Social and Cultural Rights is
ted by the United Nations Gen eral Asse mbly on 16th Dece mber, l966, which
ty adop
towards tbe
into force from 3rd January, 1976. It commits the states parties to work
ls.
ting of economic, social, and cultural rights (ESCR) to individua

·alne Dimensions of Human Rights

· h It gives a liberal
Ii and comprehensive reac ·
have broader dimensions
UJnan Rights f h an beings It covers a
, com . . . od . ht to
letti prehensive meaning to life and personal liberty o ·um ht to hveliho , ng
ora of • acy, right to trave1, ng
rights, such as, right to priv
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5.10
Environment Management and Ruma,, Righls
medical care, right to live with human dignity, right to free legal aid, right against inh111nan,
cruel and degrading treatment, etc. Human rights are very significant to the human beings
because of the following:
1. H .gh
uman n ts are essential for the adequate development of the human perSODafuy.

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2. These strengthen the development process and translate the sustainable developmem .
into practice.
3. Human Rights avoid adverse physiological effects of techno-scientific growth and
lOMoARcPSD|43893435

environmental crisis. ,
. ,,
4. A rational human being has the capacity to detennine his needs and also the life style. ·
5. Environmental rights ensure the people to live in a healthy environment free fro~ .. 1
pollution.
QUESTIONS
Short Answer Questions (2 marks each)
1. What do you mean by Human Rights?
2. Define Human Rights.
3. What do you mean by blue rights?
• _& ,..:.,;1 ~nil nolitical rights.