ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS

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This article is written by Hari Anand Singh Soni of 3^rd Semester of Iswar Saran Degree College, University of Allahabad, Prayagraj

Abstract

It is the rule of nature that immorality cannot reside longer in front of morality, how much mighty the immorality germinates still it finds no ground to sideline the morality. From ancient time it’s an analogy that when a king or the government acts tyrannically it’s the general public which hammers the final nail in the coffin thereby overthrowing the king or government and replacing it with the one which promises them on under the premise of reviving all the basic rights which are fundamental to the existence citizens.

These basic rights in present scenario can be highlights as the human rights, fundamental rights, life time rights, mandatory rights, evergreen rights, revolutionary rights. Different nations have different sets of human rights depending upon the need of public, geographical location, generational tradition etc. Some of the common human rights which are the subset of Human Rights are

Right to Life
Right to Privacy
Right to Liberty
Freedom of Speech and Expression
Right to Clean Air
Right to Food
Right to clean drinking Water
Right to Vote

Over the years of depredations and loot by the colonial powers the modern era calls for freedom

freedom to think
freedom to express
freedom to travel
freedom to love
freedom to wear
Freedom to grow
Freedom to study
Freedom to follow any sect
Freedom to choose

These freedoms were not possible without revolution and revolution took place in various places around the globe, following are some the nations who gained independence from colonial empires

Freedom of Albania from Ottoman empire, 1912
Freedom of Afghanistan from United Kingdom, 1919
Freedom of Mongolia from Quang China,1911
Freedom of panama from Colombia, 1903
Freedom of Bulgaria from Ottoman Empire, 1908
Freedom of Finland from Russian Soviet Federative Socialist Republic, 1917
Freedom of Armenia from Russian Soviet Federative Socialist Republic, 1918
Freedom of Azbaijan from Russian Soviet Federative Socialist Republic, 1918
Freedom of Czech Republic from Austria-Hungary, 1918
Freedom of Estonia from Russian Soviet Federative Socialist Republic, 1918
Freedom of Georgia from Russian Soviet Federative Socialist Republic, 1918
Freedom of Latvia from Russian Soviet Federative Socialist Republic, 1918
Freedom of Lithuania from Russian Soviet Federative Socialist Republic, 1918
Freedom of Poland from Russian Republic, Austria-Hungary, and German Empire, 1918
Freedom of Slovakia from Austria-Hungary, 1918
Freedom of South Korean from the Empire of Japan, 1919
Freedom of Vatican City from Italy, 1929
Freedom of Iraq from United Kingdom,1932
Freedom of Lebanon from France, 1943
Freedom of Iceland from Denmark, 1944
Freedom of Morocco from France and Spain, 1944
Freedom of Taiwan and Penghu from the empire of Japan, 1945
Freedom of Vietnam from the empire of Japan and France, 1945
Freedom of India from United Kingdom,1947
Freedom of Pakistan from United Kingdom, 1947

This article is focused upon the genesis of human rights in the globe and its road to present scenario and the nations which have done the gross violation of human rights.

Keywords Genesis of human rights, Human rights in Asian nations, Human rights in European nations, Slaughter of human rights, Paramountancy of human rights.

Introduction

Human Rights Day is celebrated on 10^th of December¹ every year and its 10^th of December because on this day the United Nations adopted the Universal Declaration of Human Rights at Palais De Challoit, Paris after the devastating effects of The Second World War. This Universal Declaration of Human Rights (UDHR) provided the inalienable rights of all people. The formula of human right is made up of two compounds

Equality of every individual in the eyes of law
Every individual is bestowed with dignity and rights

The commission on Human Rights, whose main task was to project a document which will lucidly define the human rights and freedom in the charter accomplished this task with commissioning Eleanor Roosevelt to perform this task, the UDHR was initially adopted by 56 members.

Origin of Human rights²

The seeds of Human rights were sown namely in two fields,

Religious field
Philosophy field

In Religious field all the religion namely Hinduism, Christianity, Islam, Sikhism, Judaism, Buddhism, Confucianism although possessing polychromatic perspectives about human rights rest upon one single conclusion of respect and dignity which ultimately resulting in maintaining brotherhood, unification, solidarity and protection of all individuals

Though this concept was love and harmony inclusive but not revolution oriented moreover this concept does not highlight any shred of freedom, expression of opinion which is perhaps is the fundamental requirement of this generation.

Philosophy field is the idea which is mostly accepted and most fascinated by this present generation this filed was originated by western thinkers who spent their whole life in getting people out from their pre-modial identity, an identity

To be suppressed
To be render helpless
To have no opinion
To have no objections with the rules and regulations
To have no voice against wrong done to them and society
To have no voice against exploitation

Philosophers and freedom fighters like Mahatma Gandhi (1869 –1948),Abraham Lincon (1809 – April 15, 1865), Eleanor Roosevelt (1884 –1962), César Chávez (1927–1993),Nelson Mandela (1918 –2013), Martin Luther King Jr. (1929 –1968)Desmond Tutu (1931–2021), Oscar Arias Sánchez (b. 1940)Muhammad Yunus (b. 1940), José Ramos-Horta (b. 1949), ignited the minds of masses to fights for their rights like individual rights, justice, individual liberty and the citizenship of the people under the protection of State and such developments were the fragments of five-century transformation which composed of

Renaissance (1350 until the year 1400)
The Reformation and the formation of national states
Entering into the Enlightenment
The independence of the United States of America (1776)
French Revolution (1789)

Milestones in the development of Human Rights

The Cyrus Cylinder (539 B.C.)³

The development of Human rights for the very first time was witnessed in 539 BC when Babylon was conquered by the army of Cyrus the great, the first king of ancient Persia and he held that all the people have right to follow their religion and he also established racial equality and moreover he gave freedom to all the slaves. The source of all this information was recorded in a baked-clay cylinder also called as Cyrus Cylinder and record is regarded as the first charter of human rights.

Since it was written in Akkadian language so it was translated into all six official languages of United Nations i.e. English, Chinese, French, Russian, Arabic, Spanish and the provisions mentioned in this cylinder are parallel to the first four Articles of the Universal Declaration of Human Rights.

After the battle the concept of human right navigated a long distance from Babylon it travelled all the way to India, Greece and finally to Rome. Over here the new concept germinates called as natural Law in the spectrum where people tend to follow laws in their life which are unwritten.

The Magna Carta (1215)⁴

Also called as Great Charter, this charter of 1215 enabled in the entire English-speaking nation the foundation of Constitutional law.

King John, the ruler of England during 1215 was nefarious king and violated various ancient laws and customs which were the driving force by which England was being governed at that time, his subjects forced him to sign the charter which later on coin the envelop of human rights. Following were the rights

Church to be free from governmental interference.
Rights of all free citizens to own and inherit property and to be protected from excessive taxes
Women who owed property possessing right not to marry
Equality before the law.
Forbidding bribery.
Official misconduct.

The charter of 1215 is considered as one of the vital legal documents for architecting the modern version of democracy.

Petition of Right (1628)⁵

After the charter of 1215 the next landmark development which paved the way for human rights is the Petition of rights this was presented in 1628 by the English Parliament and was sent to King Charles I on the premise of Civil Liberties, this bill negates to fund the king unsatisfied foreign policy since this and to quarter troops in subjects’ houses as an economy measure .English parliament witnessed arbitrary arrest of the parliamentarians those who laid their opinion against the policies of king and this brought violent upheaval and enmity to Charles and to George Villiers, the Duke of Buckingham. Sir Edward Coke who presented the petition rights asserted four principles of the charter

Parliament approval is necessary for levying tax
No individual shall be imprisoned without the just cause (reaffirming of the right of habeas corpus)
No soldiers may be quartered upon the citizenry
No imposing of martial law during the time of peace.

United States Declaration of Independence (1776)⁶

US congress approved the declaration of independence on July 4, 1776

More than a year after the outbreak of the American Revolutionary War, Thomas Jefferson wrote the declaration as a formal explanation of why congress had voted on 2^nd July to declare independence from Great Britain and moreover announced that the thirteen American Colonies were no longer a part of the British Empire. Congress issued the Declaration of Independence in various forms. In the Initial phase it was published as a printed broadsheet which was widely distributed and read to the public.

The declaration stressed upon two paradigms

1. Individual rights

2. The right of revolution (since Independence was gained through revolution

These ideas not only influenced the America but also outside of America and the outcome of these ideas got reflection in less than two decades with the French revolution taking place in 1789.

The Constitution of the United States of America (1787) and Bill of Rights (1791)⁷

After getting independence from mighty empire and witnessing number of sacrifices in revolution now US, arrived at the most important aspect that of construction of Constitution for their nation, since US was the first nation in the world to introduce the concept of constitution so a great care was taken to make this constitution versatile and vibrant. In 1787 in Philadelphia the constitution of United States got prepared.

The Constitution of United States of America being fundamental law of the US federal system of government and emerged as the landmark document in the western world, the constitution of US germinated motivation among many nations to revolution against the tyrannical government and let the constitution be the guiding force the nation not any king or queen.

The constitution of US is the oldest written constitution in use and defines the principal organs of government and their jurisdictions and the basic rights of citizens.

Revolution in Human rights– The Bill of rights of 1791 brought a magnificent change in the subject of Human Rights; the first 10 amendments came into effect on 10, December 1791 which limited the power of federal government of United States and provided for the protection of the rights of all citizens, residents and those who visit the American territory.

The Bills of Right contains the following provisions,

Protection of freedom of speech
1. Freedom to follow the religion one wanted
1. Individual have right to keep and bear the arms
1. Freedom of assembly
1. Freedom of petition
1. Prohibition of unusual search and seizure

The Bills of right also prohibit the federal government to make any laws with respect to religion and further negates the federal government from depriving any person of life, liberty and freedom and property with due process of law

Declaration of the Rights of Man and of the Citizen (1789)⁸

Absolute Monarchy in France got abolished in 1789 and the surroundings for the establishment of first French republic got set. After the storming of Bastille just in 6 weeks and three weeks after the abolition of feudalism, the declaration of the Rights of Man and of the citizen was adopted by the National Constituent Assembly as the initial step towards architecting the constitution for the republic of France.

This declaration claim of guaranteeing all the citizens of France the rights of

1. Liberty

2. Property

3. Security

4. Resistance to oppression

The declaration argues that the need of law is derived from the facts that “…the exercise of the natural rights of each man has only those borders which assure other members of the society the enjoyment of these same rights.” Thus, the Declaration sees law as an “expression of the general will, “intended to promote this equality of rights and to forbid “only actions harmful to the society.”

The declaration served as the death warrant to the old regime and the rebirth of new paradigm of social and political order which was founded on the bed rocks of liberty, equality and fraternity. And further this declaration served as the basis for many constitution makers in different nations to give human rights the paramount authority.

Declaration of International rights of man 1929⁹

After the 1^st world war got over, mankind for the very first time witnessed a cataclysm of death and world for the first time experienced so much post effects of war. The questions about the human rights and fundamental freedom began to rise so in 1929, the Institute of International Law adopted the declaration of International rights of Man.

The declaration provided for Fundamental rights of Citizens which was recognised and guaranteed by several constitutions especially those of French and USA.

The UN Charter, 1945¹⁰

After the First World War the league of nation was formed to promote the peace and tranquility around the world and to stop the further wars in the world but taking place of Second World War reduced the credibility of league of nation.

After the second war took place, the entire nation agreed to establish an international organization to stop all the war and promote human rights around the world and this organization was much better than the previous one and much more comprehensive.

The charter of United Nations was approved by all the delegates of 51 states who attended the United Nation conference at San Francisco.

This charter contained provisions for the protection and promotion of human rights. This charter is considered as a landmark charter because it is the first official document in which there is the use of term Human Rights.

Human rights in present Scenario¹¹

A nation progress and its population thrive when it is able to bestow its population with human rights and it’s the trend that the nation who do not follow the path often meet with a civil war, internal rebellion, military coup etc. cause freedom is the most loved element which humans cannot give and when such freedom is taken by the governments then the only scenario which left is the revolution.

Various indexes which are released by international organization and various NGOs revels the extent to which a nation promotes democracy. Various indexes which reveal the conditions of human rights in a nation are,

1. Economic Freedom of the World released by Canada-based Fraser Institute in conjunction with the Economic Freedom Network

2. World Press Freedom Index released by France-based Reporters Without Borders

3. V-Dem Democracy indices released by V-Dem Institute at the Department of Political Science at the University of Gothenburg in Sweden.

4. InternationalIDEAs”Global State of Democracy Report” provides democratic performance of 168 to 170 countries

5. The Democracy Index, published by the UK-based Economist Intelligence Unit.

6. The CIRI Human Rights Data Project measures a range of human, civil, women’s, and workers’ rights released by University of Connecticut.

7. Freedom in the World released by U.S.-based Freedom House

8. The Index of Economic Freedom released by The Wall Street Journal and the U.S.-based Heritage Foundation

Mostly these indexes are released by the European nations and European nations outperform such indexes because human rights are given top priority over there and along with that travelling on the path of morality is the only remedy they opt for.

Considering Asian, African and South American nations then their case is miserably they find their spot mostly at bottom cause these nations are suffering from the disease of Corruption, quest for power, quest for money, cheating, bribery and immorality flows from their veins. These nations are human rights violation prone nations.

Conclusion

Human rights are the basic necessity; just like human cannot survive without food and water similarly a human soul cannot survive in the place where human rights are not respected. Collective efforts are needed to enhance the promotion of human rights around the globe so that mankind can dwell in globe of love, compassion, and care.

References

1. https://www.republicworld.com/world-news/rest-of-the-world-news/human-rights-day-2019-evolution-and-concept-of-human-rights.html

2. https://cmsny.org/publications/chiarello-human-rights-and-human-security/

3. https://www.humanrights.com/what-are-human-rights/brief-history/declaration-of-human-rights.html

4.https://www.nationalarchives.gov.uk/education/resources/magna-carta/british-library-magna-carta-1215-runnymede/

5. https://www.humanrights.com/what-are-human-rights/brief-history/declaration-of-human-rights.html

6. https://www.humanrights.com/what-are-human-rights/brief-history/declaration-of-human-rights.html

7. https://billofrightsinstitute.org/e-lessons/bill-of-rights-of-the-united-states-of-america-1791

https://constitutioncenter.org/the-constitution/white-papers/the-constitutional-convention-of-1787-a-revolution-in-government

8. https://www.worldhistory.org/article/2012/declaration-of-the-rights-of-man-and-of-the-citize/

9. https://blogs.lse.ac.uk/vaw/regional/the-americas/the-american-declaration-on-the-rights-and-duties-of-man/

10. https://unfoundation.org/blog/post/6-facts-charter-united-nations/