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INTERNATIONAL HUMAN RIGHTS
(INTRODUCTION)
QUESTION BANK
1. (a) Discuss the origin and development of Human Rights post World War II.
(b) Enumerate the classifications of Human rights.
2. Explain the concept and development of human rights in India.
3 (a)Explain the meaning and concept of Human Rights.
(b) Discus origin, development and classification of Human rights.
4. Define Human Rights. Enumerate and classify human rights.
5. (a) What do you understand by “Human Rigts’? Explain its nature.
(b) Enumerate the classifications of Human Rights. Explain the inter-relationship between the different classes of Human rights.
6. Enumerate the classifications of Human Rights into first and second-generation rights.
7. (a) Discuss the origin and development of Human Rights.
(b) Enumerate the different classifications of Human Rights. Also, explain the nature of Human Rights as understood in India.
8. The growth of the concept of the ‘Right of Man’ has been closely associated with various theories to explained rights of man-Discuss.
Short Notes
1. Development of human rights.
2. Classification of human rights.
3. Origin of human rights.
SYNOPSIS
I. Meaning and Definitions of Human Rights
1. The Core Concept
2. Analytical Definitions
a. The United Nations (UN) Formulation:
b. The Dr. Durga Das Basu Definition:
c. The Universal Declaration of Human Rights (UDHR), 1948:
d. The Protection of Human Rights Act, 1993 (Section 2(1)(d)):
e. The David Selby Definition:
II. Characteristics and Nature of Human Rights
1. Inherent and Inalienable Nature
2. Indispensability for Human Welfare
3. Foundation in Human Dignity
4. Irrevocable and Immutable Character
5. Universality Across Classes
6. Non-Absolute Scope and Reasonable Restrictions
7. Dynamic and Evolutionary Character
8. Limits on State Power
a. Negative Obligations:
b. Positive Obligations:
III. Origin and Historical Development of Human Rights
1. The Ancient Period
2. The Middle Ages and Natural Law Theories (12th to 19th Century)
a. Thomas Hobbes (1588–1679):
b. John Locke (1632–1704):
c. Jean-Jacques Rousseau (1712–1778):
3. Evolution Into Written Constitutional Documents
a. The Magna Carta (1215):
b. The English Bill of Rights (1689):
c. The French Declaration of the Rights of Man and of the Citizen (1789):
d. The American Bill of Rights (1791):
4. The Modern Concept and Universalization Post-Second World War
5. The International Bill of Human Rights
IV. Classification of Human Rights
1. Civil and Political Rights (First-Generation Rights)
a. Right to Life and Security (Article 3):
b. Freedom from Slavery (Article 4):
c. Prohibition of Torture (Article 5):
d. Equality Before the Law (Article 7):
e. Right to Legal Remedy (Article 8):
f. Freedom from Arbitrary Arrest (Article 9):
g. Right to a Fair Trial (Article 10):
h. Protection Against Retroactive Laws (Article 11):
i. Right to Privacy (Article 12):
j. Right to Nationality (Article 15):
k. Right to Property (Article 17):
l. Freedom of Religion and Conscience (Article 18):
m. Freedom of Expression (Article 19):
n. Freedom of Assembly (Article 20):
o. Participation in Governance (Article 21):
2. Economic, Social, and Cultural Rights (Second-Generation Rights)
a. Right to Social Security (Article 22):
b. Right to Work (Article 23):
c. Right to Rest and Leisure (Article 24):
d. Right to an Adequate Standard of Living (Article 25):
e. Right to Education (Article 26):
f. Cultural Participation (Article 27):
g. Right to an International Order (Article 28):
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I. Meaning and Definitions of Human Rights
1. The Core Concept
Human rights represent a set of fundamental claims and freedoms that belong inherently to every individual, simply by virtue of being human. These rights exist independent of state recognition and apply universally to all human beings without distinction based on nationality, race, ethnicity, caste, gender, religion, language, or any other socio-political status.
In jurisprudence, human rights are classified as universal, inalienable, and indivisible. This means they apply equally to all people, cannot be signed away or legally stripped by any authority, and are interconnected so that the deprivation of one right directly diminishes the value of the others.
2. Analytical Definitions
To understand the legal and operational scope of human rights, it is helpful to look at how they are defined by prominent jurists and international bodies:
a. The United Nations (UN) Formulation: The United Nations defines human rights as those rights that are inherent in our state of nature, and without which human beings cannot live or develop as dignified individuals.
b. The Dr. Durga Das Basu Definition: The eminent constitutional jurist Dr. D.D. Basu defines human rights from a constitutional perspective. He notes that human rights are those minimal rights that every individual must possess against the State or other public authorities, simply because they are members of the human family, independent of any other legal or political considerations.
c. The Universal Declaration of Human Rights (UDHR), 1948: The preamble and text of the UDHR define human rights as those fundamental entitlements that are derived directly from the inherent dignity of the human person.
d. The Protection of Human Rights Act, 1993 (Section 2(1)(d)): In the Indian statutory framework, human rights are explicitly defined as:
"The rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India."
e. The David Selby Definition: The legal scholar David Selby defines human rights as those rights that pertain to all persons and are possessed by every individual precisely because they are human.
In short, human rights are the basic freedoms that allow individuals to live with dignity, equality, and justice. They encompass a wide range of protections, ensuring that human life is guarded against state overreach and systemic oppression across political, economic, social, and cultural spheres.
II. Characteristics and Nature of Human Rights
The nature of human rights can be understood through several defining legal characteristics:
1. Inherent and Inalienable Nature
Human rights are not privileges granted by a sovereign ruler or a legislative assembly. They are inherent, meaning they are born with the individual. Because they are inalienable, they cannot be transferred, sold, or surrendered.
In legal and cultural traditions, these rights are respected even after an individual’s death. This is seen in the legal protection given to dead bodies and the requirement to perform final rites with dignity across various religious and secular traditions.
2. Indispensability for Human Welfare
Human rights are necessary for an individual's physical, moral, social, and spiritual development. Without a secure legal environment that guarantees personal liberty and freedom of thought, the material and moral development of human society would stall.
3. Foundation in Human Dignity
A core element of human rights is the protection of human dignity. This principle demands that every individual be treated as an end in themselves, rather than as a tool for others. It requires equal moral consideration regardless of wealth, social standing, gender, or occupation.
4. Irrevocable and Immutable Character
Human rights are irrevocable and cannot be canceled by state legislation or executive orders. They originate from the social and moral nature of human beings living in community. Because they exist independent of written codes, they carry a strong moral weight similar to natural rights.
5. Universality Across Classes
Human rights are not the monopoly of any privileged class, race, or caste. They are universal, applying to everyone globally without exception. The core values behind these rights—such as equity and freedom—are common to human nature everywhere.
6. Non-Absolute Scope and Reasonable Restrictions
Man is by nature a social animal who lives within an organized civic society. Consequently, human rights are never absolute. The enjoyment of individual freedoms is subject to reasonable restrictions imposed by law to protect public order, national security, health, morality, and the common good.
7. Dynamic and Evolutionary Character
Human rights are dynamic rather than static. They expand over time in response to political shifts, economic changes, and cultural progress. The judiciary plays a key role in this evolution, interpreting statutory and constitutional provisions to realign established rights with changing social values.
8. Limits on State Power
Human rights serve as legal boundaries to state authority. They place two types of limits on the government:
a. Negative Obligations: These prevent the State from interfering with or violating the inalienable freedoms of its citizens (such as arbitrary arrest or censorship).
b. Positive Obligations: These demand that the State actively intervene to provide social benefits, such as healthcare, education, and welfare protections.
III. Origin and Historical Development of Human Rights
1. The Ancient Period
The foundational ideas behind human rights can be traced back to ancient religious texts and philosophical frameworks. Early scripts like the Indian Vedas, the Babylonian Code of Hammurabi, the Islamic Quran, the Christian Bible, and the Analects of Confucius all emphasize duties, equity, and human justice. Most of these ancient teachings build on the ethical baseline known as the "Golden Rule," which is summarized in the Biblical text of Luke 6:31 and Matthew 7:12: "Do unto others as you would have them do unto you."
In ancient India, the legal and social order was built on the concept of Dharma, which combined righteousness, cosmic law, and social duties. The epics Ramayana and Mahabharata advocated for the welfare of all living creatures and promoted the philosophy of Vasudhaiva Kutumbakam—the idea that the entire world is one interconnected family. This early philosophy emphasized the moral dignity of the individual. Similarly, the teachings of Gautama Buddha focused heavily on Ahimsa (non-violence), compassion, and social equality, directly challenging rigid caste hierarchies.
2. The Middle Ages and Natural Law Theories (12th to 19th Century)
The philosophical foundation of modern human rights developed from the theory of Natural Rights, which grew out of the concept of Natural Law. Originally framed by ancient Greek Stoic philosophers, this theory was expanded during the Enlightenment by thinkers like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau:
a. Thomas Hobbes (1588–1679): Argued that by nature all men are equal, driven by a fundamental desire for self-preservation.
b. John Locke (1632–1704): Argued that every individual possesses inherent natural rights to life, liberty, and estate, which no government can justly take away.
c. Jean-Jacques Rousseau (1712–1778): Contended that sovereignty belongs to the people, famously stating that man is born free but is everywhere in chains.
These ideas helped fuel the American and French Revolutions, shifting human rights from abstract philosophy into active political movements.
During the medieval period in India, governance was dominated by various dynasties and rulers. While rulers like the Mughal Emperor Akbar promoted religious tolerance through Sulh-i-kul (universal peace) and respected pluralistic rights, many medieval administrations operated under absolute monarchies where individual and religious freedoms depended heavily on the whims of the ruler.
3. Evolution Into Written Constitutional Documents
The shift from abstract ideas of natural rights into written law is marked by several landmark documents:
a. The Magna Carta (1215): Forced upon King John of England by his barons, this charter placed the first formal limits on a king's absolute power and protected citizens against arbitrary crown actions.
b. The English Bill of Rights (1689): Restricted the powers of the monarchy and established the supremacy of Parliament, securing basic civil rights like freedom of speech within parliament and freedom from cruel punishments.
c. The French Declaration of the Rights of Man and of the Citizen (1789): Written during the French Revolution, this text declared that all men are born free and remain equal in rights, dismantling the old feudal order.
d. The American Bill of Rights (1791): Formed by the first ten amendments to the United States Constitution, this document protected individual liberties like freedom of speech, religion, and fair trial from government overreach.
While the period following the First World War saw early international efforts to safeguard rights through the League of Nations and the International Labour Organization (ILO), these attempts were limited. It took the widespread devastation of the Second World War for the international community to prioritize a universal system of human rights.
4. The Modern Concept and Universalization Post-Second World War
The modern framework of human rights emerged after the Second World War. The widespread atrocities committed during the war showed that leaving human rights solely to domestic laws was insufficient. This led to the founding of the United Nations in 1945, with a charter that placed international peace and human rights at its core.
On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Out of 56 member states present, 48 voted in favor, while 8 chose to abstain.
Comprising 30 articles, the UDHR detailed the civil, political, economic, social, and cultural rights of all human beings. The declaration changed international law by establishing that how a government treats its own citizens is a matter of legitimate international concern, rather than a purely domestic issue. Today, December 10 is celebrated globally as Human Rights Day.
5. The International Bill of Human Rights
Because the UDHR was adopted as a General Assembly declaration, it lacked legally binding force and enforcement mechanisms. To address this, the UN General Assembly drafted two major treaties in December 1966:
a. The International Covenant on Civil and Political Rights (ICCPR)
b. The International Covenant on Economic, Social and Cultural Rights (ICESCR)
Together, the UDHR, the ICCPR, the ICESCR, and their Optional Protocols form the International Bill of Human Rights. This framework serves as a global benchmark for human rights legislation.
In modern Indian history, the colonial era under British rule saw frequent suppression of civil liberties. The colonial administration often used harsh laws to control the freedom movement, denying basic human rights to Indian citizens.
Following Independence in 1947, India entered a new era with the adoption of its Constitution. The framers integrated the core principles of international human rights conventions directly into the text. Civil and political rights were protected as enforceable Fundamental Rights under Part III, while economic, social, and cultural goals were set out as Directive Principles of State Policy under Part IV. Since then, Parliament has passed numerous targeted statutes to protect women, children, scheduled castes, scheduled tribes, and persons with disabilities.
IV. Classification of Human Rights
Human rights are interconnected and interdependent. However, for analytical and historical study, they are traditionally divided into two main categories based on the generation of their development.
1. Civil and Political Rights (First-Generation Rights)
Civil and political rights are primarily focused on liberty. They protect individuals from arbitrary state interference and ensure people can participate in the political life of the nation. These rights grew out of the 17th and 18th-century political philosophies of the English, American, and French Revolutions.
The Universal Declaration of Human Rights recognizes several key civil and political rights:
a. Right to Life and Security (Article 3): The foundational right to personal safety and existence.
b. Freedom from Slavery (Article 4): The ban on slavery, servitude, and the slave trade.
c. Prohibition of Torture (Article 5): Protection against torture and cruel, inhuman, or degrading treatment.
d. Equality Before the Law (Article 7): Entitlement to equal protection and treatment under the law.
e. Right to Legal Remedy (Article 8): Access to effective remedies before competent national tribunals for rights violations.
f. Freedom from Arbitrary Arrest (Article 9): Protection against arbitrary arrest, detention, or exile.
g. Right to a Fair Trial (Article 10): Entitlement to a fair and public hearing by an independent and impartial tribunal.
h. Protection Against Retroactive Laws (Article 11): Freedom from ex-post-facto criminal laws and penal enhancements.
i. Right to Privacy (Article 12): Protection against arbitrary interference with privacy, family, home, or correspondence.
j. Right to Nationality (Article 15): The right to hold a citizenship and freedom from being arbitrarily deprived of it.
k. Right to Property (Article 17): The right to own property individually or in association with others.
l. Freedom of Religion and Conscience (Article 18): The freedom to change or manifest one's religion or belief.
m. Freedom of Expression (Article 19): The right to hold opinions without interference and to seek, receive, and impart information.
n. Freedom of Assembly (Article 20): The right to peaceful assembly and association.
o. Participation in Governance (Article 21): The right to take part in government, vote, and access public service.
2. Economic, Social, and Cultural Rights (Second-Generation Rights)
Economic, social, and cultural rights focus on social equality. They require positive state action to ensure that individuals have access to the basic necessities of life, allowing them to participate fully in society. These rights grew out of 19th-century social movements and welfare philosophies.
The UDHR outlines these rights across several provisions:
a. Right to Social Security (Article 22): Entitlement to social security and economic assistance for personal development.
b. Right to Work (Article 23): The right to work, free choice of employment, just conditions, and protection against unemployment.
c. Right to Rest and Leisure (Article 24): The right to reasonable working hours and periodic holidays with pay.
d. Right to an Adequate Standard of Living (Article 25): Access to adequate food, clothing, housing, medical care, and necessary social services.
e. Right to Education (Article 26): Entitlement to free and compulsory primary education aimed at developing the human personality.
f. Cultural Participation (Article 27): The freedom to participate in the cultural life of the community and share in scientific advancement.
g. Right to an International Order (Article 28): Entitlement to a social and international order where these rights can be fully realized.
In India, these principles are split structurally across the Constitution. First-generation civil and political rights are protected as Fundamental Rights under Part III (Articles 12 to 35) and can be enforced directly through court writs. Second-generation economic, social, and cultural rights are placed under Part IV as Directive Principles of State Policy. While these principles are not directly enforceable by courts, they are fundamental to governance, and the State is directed to apply them when enacting laws.
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