The concept of Human Rights

Lakshay Nagpal
 HUMAN RIGHTS LAW & THEORY

It wasn't much long prior to that the human rights were conceded just to a

lucky few in many social orders around the world. This paper deals with the concept

of human rights. It begins with throwing a light upon a short history in order to link

the concept of human rights and how it developed from a minority view to a universal

concept. Further, this paper focuses on the evolution of human rights as a part of

national sovereignty as its mobilization into the international community. Thirdly,

universality of the concept will be highlighted upon. Thereafter, the enforcement and

interpretation of human rights with be discussed in a bit depth. An argument put forth

by M.K. Gandhi, on ‘technological development a threat to human rights’ will be

analyzed. Lastly, incidents on violation of these rights will be highlighted followed by

the conclusion.

All through quite a bit of history, the conviction that each individual had

inseparable human rights was a minority view. However, over the years the concept

of human rights became a universal view. A British philosopher named John Locke

(1632–1704) was one of the first persons to argue that the concept of human right is

nothing but a natural right of every human being.1 Locke stated that the citizens of a

country had "natural" rights and owed loyalty to government that ensured those rights.

With the U.S. Constitution (embraced in 1789) and the Bill of Rights2 (added to the

Constitution in 1791), the world saw practical experiment in creating a government

that would be judged by the extent to which it respected and protected the rights of its

citizens. Shirin Ebadi says, “Human rights is a universal standard. It is competent of

1
Patrick J. Connolly, John Locke (1632—1704), Internet Encyclopedia of Philosophy,
http://www.iep.utm.edu/locke/.
2
Bill Of Rights Of The United States Of America (1791), Bill Of Rights Institute,
http://billofrightsinstitute.org/founding-documents/bill-of-rights/.

INTERNAL ASSIGNMENT
2
 HUMAN RIGHTS LAW & THEORY

every religion and every civilization.” 3 Human Rights as customs4 could be based on

the resolutions of the UN General Assembly and due to the adoption of various

international conventions. 5 Not only that Human rights can be traced through

customary international law. Therefore, in order to enable the human person fully to

enjoy his or her rights, these rights must be effectively protected by domestic legal

systems. Judges, prosecutors and lawyers have a crucial role to fulfill in ensuring that

human rights are effectively protected at the domestic level, in order to fulfill treaty

obligation that are legal binding upon the States.6

This paragraph will give light on the evolution of human rights as a part of

national sovereignty as its mobilization into the international community. Pre-World

War II, a government's treatment of its residents was viewed as a matter of domestic

sovereignty. But the consistent killing of masses by Nazi Germany assembled the

international community.7 The Nuremberg War Crimes Trials was held in 1945 were

head of the states were for the first time in history prosecuted and were held

responsible for the atrocities which them committed on humans and the offences

against humanities.8 On December 10, 1948, the U.N. General Assembly embraced

the Universal Declaration of Human Rights (UDHR).9 As per UDHR, "Human rights"

are rights fundamental to all human beings, irrespective of any color, language,

3
Ann Elizabeth Mayer, Clashing Human Rights Priorities: How the United States and Muslim
Countries Selectively Use Provisions of International Human Rights Law, 44 Chennai Journal
Intercultural Philosophy 20 (2006).
4
Hugh Thrilway, The Sources of International Law, OUP Oxford 102 (2014) [“Customs in principle
requires actual State practice which must be consistent, general and virtually uniformly adopted and
Opinio juris. Legal obligations where a State has acceded in a practice for a substantial period of time
without protest.”].
5
Id. at 105.
6
Id. at 111-112.
7
The Influence Of The Nuremberg Trial On International Criminal Law, Robert H. Jackson,
http://www.roberthjackson.org/the-man/speeches-articles/speeches/speeches-related-to-robert-h-
jackson/the-influence-of-the-nuremberg-trial-on-international-criminal-law/.
8
Id.
9
Universal Declaration of Human Rights, A United Nations Priority,
http://www.un.org/rights/HRToday/declar.htm.

INTERNAL ASSIGNMENT
3
 HUMAN RIGHTS LAW & THEORY

religion, nationality, sex, or any other status.10 Every human being is entitled to the

human rights without any discrimination. As Björn Ulvaeus is of the belief that

“Some values must be universal, like human rights and equal worth of every human

being.” 11 Universal deliration of Human Rights has profoundly influenced the

development of international human rights law, which is now binding as a part of

customary international law.12 Thus we saw that how the concept of human rights has

evolved over the years and has become an international topic.

As to the protection of the rights of an individual at the international level, the

development of human rights as a concept started in the nineteenth century to abolish

slavery and to enhance the circumstance of the sick and injured in times of war. The

staggering experience of the First and the Second World Wars underscored the need

both to secure the humans against the arbitrary activities of State force; and to

advance progress and better living standards. Civil, economic, cultural and political

rights were recognized by the Universal Declaration and were adopted by a resolution

of the general assembly, earlier these rights were not legally enforceable but now they

legally bind a State, either as general principles of law; customary international law;

or as fundamental principles of humanity. “Freedom is a timeless value…The

Universal Declaration of Human Rights mentions freedom more than twenty times.

All countries have committed to protecting individual freedoms on paper – but in

practice, too many break their pledge.” – Ban Ki-moon.13

10
The Universal Declaration of Human Rights, Article 2, United Nations,
http://www.un.org/Overview/rights.html.
11
Björn Ulvaeus, Björn Ulvaeus speaks on Humanism, International Humanist and Ethical Union, 4
Humanisten (2005), http://iheu.org/bjorn-ulvaeus-speaks-humanism/.
12
Is the Universal Declaration legally binding?, Australian Human Rights Commsission,
https://www.humanrights.gov.au/publications/what-universal-declaration-human-rights.
13
Ban Ki-moon, Secretary-General, Secretary-General's video message to the fourth Annual Freedom
Online Coalition Conference: Free and Secure Internet for All - 28-29 April 2014, United Nations,
http://www.un.org/sg/statements/index.asp?nid=7634.

INTERNAL ASSIGNMENT
4
 HUMAN RIGHTS LAW & THEORY

States are under the obligation to protect human rights of its citizens, however

is there any check mechanism on these States, or do the enforceability lies in the

hands of the Courts? The principle of equality and non-discrimination complements

each other, just as stated in Article 1 of the UDHR “All human beings are born free

and equal in dignity and rights.” 14 This basically means human rights should be

enjoyed without discrimination. However, in the case Plessy v. Ferguson15, separate

schools, for African Americans were held to be a valid exercise of the legislative

power even by courts of States where the political rights of African Americans have

been most earnestly enforced. Even though, Brown J.’s stated "separate but equal

doctrine" lay down in Plessy v. Freguson 16 was precedent for Brown v. Board of

Education of Topeka. 17 However, discrimination on the admissions of African

American children in schools was later rejected, but the harsh truth is African

American children are still facing such problems. UDHR lacks strict enforcement

mechanism, or else Human Rights will be interpreted according to the will of judges

and won't take a concrete shape. It will always be hay way, just like the above-

mentioned examples.

Is technological advancement a violation of human rights? Technological

development for M.K. Gandhi was an indirect violation of human rights.18 He was not

against technologies, such as sewing machines as it did not replace human labor; but

it replaced human being from their daily livelihood.19 Well, I believe contrary to this,

14
What are human rights?, United Nations Human Rights | Office of the High Commissioner for
Human Rights, http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx.
15
Plessy v. Freguson [163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896)].
16
Id. [Thus the Court held that separate facilities must be equal to comply with constitutional rights. In
this case the carriages were equal. Thus the ‘separate but equal’ doctrine was explicitly accepted by the
court.].
17
Brown v. Board of Education of Topeka [347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)].
18
B.S. Chimni, The Self, Modern Civilization, and International Law: Learning from Mohandas
Karamchand Gandhi’s Hind Swaraj or Indian Home Rule, 23 EUR J INT LAW, 1162 (2012).
19
Id. at 1166.

INTERNAL ASSIGNMENT
5
 HUMAN RIGHTS LAW & THEORY

as labor is required to manufacture the machines that would be in his views replacing

the human labor. And not only that, even to operate those machines labor still be

required. His thought was just too vague in my opinion. I also believe that, working as

a labor, a person could earn a bit less; but whereas after manufacturing in bulk

through machines, people can start off with the businesses to sell and export their

products (even globally). So, according to me Gandhian argument is baseless.

The concept of human rights have been developed throughout the span of last

six decades however, human rights violations still persistent in the world today. Anna

Lindh says that “Human rights are praised more than ever – and violated as much as

ever”. 20 Following are few illustrations of the articles and their violations. Firstly,

Article 3, which states, “Everyone has the right to life, liberty and security of

person.” 21 However, in the year 2007, more than 6,500 people were died in the

violence took place in Afghanistan. The country also witnessed a good growth in

suicide bombings and police getting attacked by the armed groups. 22 Further, Article

4 states that “No one shall be held in slavery or servitude; slavery and the slave trade

shall be prohibited in all their forms.”23 Contrary to this, according to the U.S. State

Department, approximately 600,000 to 820,000 people including men, women and

even children are trafficked each year across the international borders; for forced

labor, domestic servitude and sexual slavery.24 And this was the report for trafficked

20
Anna Lindh, Speech by the Permanent Secretary, Ambassador A. N. Zenon, at the 28th UNHRC
High-level Segment Session, in Geneva - 02/03/2015, Minsitry of Foreign Affairs of the Republic of
Cyprus,
http://www.mfa.gov.cy/mfa/mfa2006.nsf/All/379B85023D2C2064C2257DFD0027DDE9?OpenDocu
ment&print.
21
Universal Declaration of Human Rights, Office of the High Commissioner for Human Rights,
http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf.
22
Anne Gearan, Taliban drugs underscore Afghan decline, USA Today (Jan 1, 2008),
http://usatoday30.usatoday.com/news/world/2008-03-01-afghandrugs_N.htm.
23
Universal Declaration of Human Rights, Office of the High Commissioner for Human Rights,
http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf.
24
Reem Leila, Together against human trafficking, Ahram Online, (Dec 10, 2010),
http://english.ahram.org.eg/NewsContent/1/0/1553/Egypt/Together-against-human-trafficking.aspx.

INTERNAL ASSIGNMENT
6
 HUMAN RIGHTS LAW & THEORY

people specifically, whereas the report also indicates the number of people enslaved

to be approximately 27 to 35 million.25 In almost all the nations around the world, the

respective government generally either deports or else harasses without offering any

assistive services even to the victims. 26 Lastly, Article 5 states, “No one shall be

subjected to torture or to cruel, inhuman or degrading treatment or punishment.”27

Whereas, a shocking fact occurred in the year 2004, in the North Darfur region, where

30 of the villages were burnt and it not only resulted in the deaths of 200 people but

also the abduction of 350 people (including women and children) and soldiers raped

200 females within 2 days.28 29

In the conclusion, I would like to State as to how the concept of human rights

which was earlier a minority view became a universal concept. We saw how the

evolution of human rights as a part of national sovereignty and then how it mobilized

into the international arena. The UN Declaration of Human Rights declared that

concept of human rights is universal in nature. 30 The concept of human rights

incorporated the idea of individual freedom, political rights, civil rights, social rights

and financial right.31 Earlier the thought of human rights was limited to a class of

people depending upon status; e.g. individual rights for white male in America, but

25
Steve Krah, TAKE DOWN TRAFFICKING, Who Does Human Trafficking Affect?, The Elkhart
Truth (Dec 18, 2014), http://www.elkharttruth.com/news/schools/northwood-high-
school/2014/12/18/NorthWood-High-School-wrestlers-raise-awareness-for-human-trafficking-money-
for-Tiny-Hands-International.html.
26
Human Rights Violations, United for Human Rights, http://www.humanrights.com/what-are-human-
rights/violations-of-human-rights/slavery-and-torture.html.
27
Universal Declaration of Human Rights, Office of the High Commissioner for Human Rights,
http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf.
28
Eric Reeves, Mass Sexual Violence: UNAMID declares it finds "no evidence", Sudan Tribune (Nov
12, 2014) http://www.sudantribune.com/spip.php?article53025.
29
Sudan: Mass Rape of 200 in North Darfur, All Africa (Nov 2, 2014),
http://allafrica.com/stories/201411031903.html.
30
The Universal Declaration of Human Rights, Preabmle, United Nations,
http://www.un.org/Overview/rights.html.
31
The 20th Anniversary of OHCHR – 20 human rights achievements, United Nations Human Rights |
Office of the High Commissioner for Human Rights,
http://www.ohchr.org/EN/NewsEvents/OHCHR20_Backup/Pages/Achievements.aspx.

INTERNAL ASSIGNMENT
7
 HUMAN RIGHTS LAW & THEORY

now it got expanded. We then discussed two cases where we saw how UDHR lacks

strict enforcement mechanism. And how Human Rights are interpreted according to

will of judges and fail to take a concrete shape. Human rights are bestowed by the

help of UDHR and also by the International Human Rights Law.32 They are followed

by most of the nations and it helps the nations to draft their constitutions.33 Still the

facts that are stated above clearly show that practically human rights are followed to a

great extent. The possible reason behind the same could be that that International

Human Rights Laws aren't easy to enforce and complaining is a time consuming task.

Discrimination amongst the different societies (especially African Americans and

Muslims) is witnessed in almost all the countries, even including the USA. 34 For

instance, it's been almost 15 years since 9/11 35 but still the discrimination and

socioeconomic situations faced by Muslims are one of the main reasons that don’t let

peace Worldwide.36 37

32
Part III
A. What? The Content of Human Rights Education, Foundation Principles Of Human
Rights, The Human Rights Education Handbook,
http://www1.umn.edu/humanrts/edumat/hreduseries/hrhandbook/part3A.html.
33
The United Nations and Human Rights, United Nations (Feb. 1996),
http://www.un.org/rights/dpi1774e.htm.
34
Natasha Dado, Fight for civil rights continues 50 years after "Bloody Sunday", The Arab American
News (Mar 12, 2015), http://www.arabamericannews.com/news/news/id_10184/Fight-for-civil-rights-
continues-50-years-after-%22Bloody-Sunday%22.html.
35
History.com Staff, 9/11 Attacks, History, (2010), http://www.history.com/topics/9-11-attacks.
36
Amina Rasul, Radicalization of Muslim Mindanao: Hear us Muslim women (Mar 12, 2015),
http://www.bworldonline.com/content.php?section=Opinion&title=radicalization-of-muslim-
mindanao-hear-us-muslim-women&id=104271.
37
Human Rights Violations, United for Human Rights, http://www.humanrights.com/what-are-human-
rights/violations-of-human-rights/democracy.html.

INTERNAL ASSIGNMENT
8
 HUMAN RIGHTS LAW & THEORY

BIBLOGRAPHY

Books

1. Thrilway Hugh, The Sources of International Law, OUP Oxford 102 (2014).

Court Cases:

1. Brown v. Board of Education of Topeka [347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873

(1954)].

2. Plessy v. Freguson [163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896)].

Journals:

1. Mayer Ann Elizabeth, Clashing Human Rights Priorities: How the United States and

Muslim Countries Selectively Use Provisions of International Human Rights Law, 44

Chennai Journal Intercultural Philosophy 20 (2006).

2. Chimni B.S., The Self, Modern Civilization, and International Law: Learning from

Mohandas Karamchand Gandhi’s Hind Swaraj or Indian Home Rule, 23 EUR J INT

LAW, 1162 (2012).

Webpages:

1. http://allafrica.com/stories/201411031903.html

2. http://www.arabamericannews.com/news/news/id_10184/Fight-for-civil-rights-

continues-50-years-after-%22Bloody-Sunday%22.html

3. http://billofrightsinstitute.org/founding-documents/bill-of-rights/

4. http://www.bworldonline.com/content.php?section=Opinion&title=radicalization-of-

muslim-mindanao-hear-us-muslim-women&id=104271
INTERNAL ASSIGNMENT
9
 HUMAN RIGHTS LAW & THEORY

5. http://www.elkharttruth.com/news/schools/northwood-high-

school/2014/12/18/NorthWood-High-School-wrestlers-raise-awareness-for-human-

trafficking-money-for-Tiny-Hands-International.html

6. http://english.ahram.org.eg/NewsContent/1/0/1553/Egypt/Together-against-human-

trafficking.aspx

7. http://www.history.com/topics/9-11-attacks

8. https://www.humanrights.gov.au/publications/what-universal-declaration-human-

rights

9. http://www.humanrights.com/what-are-human-rights/violations-of-human-

rights/democracy.html

10. http://www.humanrights.com/what-are-human-rights/violations-of-human-

rights/slavery-and-torture.html

11. http://www.iep.utm.edu/locke/

12. http://iheu.org/bjorn-ulvaeus-speaks-humanism/

13. http://www.mfa.gov.cy/mfa/mfa2006.nsf/All/379B85023D2C2064C2257DFD0027D

DE9?OpenDocument&print

14. http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx

15. http://www.ohchr.org/EN/NewsEvents/OHCHR20_Backup/Pages/Achievements.aspx

16. http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf

INTERNAL ASSIGNMENT
10
 HUMAN RIGHTS LAW & THEORY

17. http://www.roberthjackson.org/the-man/speeches-articles/speeches/speeches-related-

to-robert-h-jackson/the-influence-of-the-nuremberg-trial-on-international-criminal-

law/

18. http://www.sudantribune.com/spip.php?article53025

19. http://www.un.org/Overview/rights.html

20. http://www.un.org/rights/dpi1774e.htm

21. http://www.un.org/rights/HRToday/declar.htm

22. http://www.un.org/sg/statements/index.asp?nid=7634.

23. http://usatoday30.usatoday.com/news/world/2008-03-01-afghandrugs_N.htm

24. http://www1.umn.edu/humanrts/edumat/hreduseries/hrhandbook/part3A.html

INTERNAL ASSIGNMENT
11