The Concept Of Human Rights

The Concept of Human Rights:

Human beings 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 birthrights 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 with their freedom and dignity and are conductive 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 beings, human rights are also sometimes referred to fundamental rights, basic rights, inherent rights, natural rights and birthrights. It is difficult to define the expression human rights, mainly because of differences in cultural background, legal systems, ideology and economic and social and political conditions of different societies or states. However it can be said that the ideal of human rights is bound up with the ideal of human dignity. Thus, all those rights, which are essential for the maintenance of human dignity, may be called human rights. The world conference on Human rights held in 1993 in Vienna stated in the Declaration that all human rights derive from the dignity and worth inherent in the human person, and the human person is the central subject of human rights and fundamental freedoms.

D.K.Basu defines human rights as those minimum rights, which every individual 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 are, therefore based on elementary human needs as imperatives. Some of these human needs are elemental for sheer physical survival and health. Others are elemental for psychic's survival and health. Thus, the human rights can be perceived and enumerated. Rights being immunities denote that there is a guarantee that certain things cannot or ought not to be done to a person against his will. According to this concept, human beings, by virtue of their humanity, ought to be protected against unjust and degrading treatment. In other words, human rights are exemptions from the operation of arbitrary power. An individual can seek human rights only in an organized community. i.e, a state or in other words, where the civil social order exists. No one can imagine to invoke them in a state of anarchy where there is hardly any just power to which a citizen can appeal against the violations of rights. Thus the principle of the protection of human rights is derived from the concept of man as a person and his relationship with an organized society which cannot be separated from universal human nature. Human rights being essential for all-round development of the personality of the individuals in the society, be necessarily protected and be made available to all the individuals. The need for the protection has arisen because of inevitable increase in the control over men's action by the Governments which by no means can be regarded as derivable. The consciousness on the part of the human beings as to their rights has also necessitated the protection by the states. It has been realized that the functions of all the laws whether they are the rules of municipal law or that of international law should be to protect them in the interest of the humanity.

Evolution of the Concept of Human Rights:

The roots for the protection of the rights of man may be traced as far back as in the Babylonian laws, Assyrian laws, Hittiti laws and in the Dharm of the Vedic period in India. (Writings of Plato and other Greek and Roman philosophers also for the protection of human rights though they had a religious foundation). The city-state of Greece gave equal freedom of speech, equality before law, right to vote, right to be elected to public office, right to trade, and the right of access to justice to their citizens. Similar rights were secured to the Roman by the 'Jus civile' of the Roman law. Thus the origins of the concept of human rights are usually agreed to be found in the Greco-Roman natural law doctrines of stoicism, which held that a universal force pervades all creation of the human conduct should therefore be judged according to the law of nature.

International Perspective:

In 1929, the worth of the human personality was realized and the Institute of International law issued a proclamation of the rights of the man against the state. However instead of enumerating the rights of human beings it laid down six duties of the states which are:

(i) To recognise the right of every individual to life, liberty and property and to accord to all within its territory the full and entire protection of their right without distinction as to nationality, sex, race, language or religion.

(ii) To recognize the right of every individual to the free practice, both public and private of every faith, religion or belief.

(iii) To recognise the right of every individual both to the free use of the language of his choice and to the teaching of such language.

(iv) To recognise that no motive based directly or indirectly on distinction of sex, race, language or religion, empowers states to refuse to any of their nationals, private and public rights.

(v) To recognise that the equality as contemplated herein is not to be nominal, but effective.

(vi) To recognise that except for motives based upon its general legislation, no state shall have right to withdraw its nationality from those whom for reasons of sex, race, language or religion, it should not deprive of the guarantee contemplated in this proclamation.

Emergence of Universal Declaration of Human Rights:

The idea for the protection for human rights and fundamental freedoms was received in the Atlantic charter-1941 and the Declaration of the United Nations - 1942. Subsequent to the discussions it was realized by many members of the United Nations that it should be an obligation of the international community to promote human rights. The Universal Declaration of Human rights was adopted in 1948 and two International covenants were adopted in 1966. The two international covenants, together with the Universal Declaration and optional protocols, comprise the International Bill of Human Rights. Thus, International Bill of Human Rights is a collective term applied to five major international instruments. These documents have laid the foundations from which other treaties and declarations have been adopted. Fundamental rights and freedoms contained in the International Bill of Human Rights have been further elaborated in over sixty human rights treaties concerning slavery, genocide, humanitarian law, the administration of justice, social development, religious tolerance, cultural cooperation, discrimination, violence against women, and the status of refugees and minorities.