Human Rights Law

Submitted by:

Mujahid Hussain

Roll No: 262

Section:B, 4th Semester (LLB 5years)

Mid Term Examination

Submitted to:

Sir Fayaz Khan

06 July, 2020

Khyber Law College, University of Peshawar

Question 1:

Write details about the history, development, nature, content and

assumptions of Human Rights Law.

Answer:

Rights;
Rights are the fundamental normative rules about what is allowed of people or owed to people
according to some legal system, social convention, or ethical theory.

Human Rights:
Those basic rights which belong to any person in this world for his/her welfare from birth to
death are called human rights.

These rights are inherent to all human beings, whatever is their nationality, culture, religion,
color, caste, sex and language. The inherent and indivisibility shows that these rights are absolute
and universal. They are internationally guaranteed by United Nations.

Origin of Human Rights:

The historical origin of the human rights goes back to ancient Greece and Rome. We need to
understand nature, content and different assumptions of rights from which the tree grows.

History of Human Rights:

The actual history of human rights can be traced back to 539 BC. When the King 1 of Persia
conquered the city of Babylon and lodged the orders in favor humans over there. He freed all the
slaves and declared that all the people are free and it’s up to them to opt their religion according
to their will.

The history of human rights has gone through several stages and through following declarations
and documents which become instrument of human rights.
Magna Carta 1215:
In 1215 King John of England violated number of ancient laws and customs on which
England was operating. He signed a document and later on it became a main instrument
of human rights. This legal document provides certain fundamental rights which are as
under,
The right of church without any interference.
The right of every person to own and inherent property free from extensive
taxes.
It was established for widows to own property instead of remarriage.
All the persons are equal in the eye of law.

Petition of Rights:
It was recorded by English Parliament and send to the King Charless of England as
statement of civil rights. It was initiated by English politician and judge Sir Edward
Coke. Following points were brought under discussion,
No taxes shall be levied without the consent of the parliament.
No person shall be imprisoned without any reason showed.
There should be no martial law at time of peace.

Declaration of rights of men and citizens:

In 1789, people of France brought about the abolishment of absolute monarchy of King
Louis 16th and it was the first French Republic. Declaration was adopted by National
Constituent Assembly as a first step towards writing constitution of French Republic. The
declaration cleared proclaims that all citizens to be guaranteed the rights of liberty,
property, security and resistance to opposition.

US Bill of Rights 1791:

The amendment to the constitution, the Bill of Rights came into existence on 15 Dec,
1791 for protecting the rights of citizens, residents and visitors in the American territory.
Following were the main points,
Freedom of speech and religion
 Right to keep arms
Freedom of assembly
Freedom of petition
Freedom from cruel punishments
Prohibits unreasonable search.

United Nations 1945:

The name of United Nations was proposed by President Franklin D. Roosevelt on 1st
January, 1942 during World War II. WW II raged from 1939 to 1945, cities through
Europe and Asia. Millions were dead, homeless and starved. In 1945, delegates from 50
countries met in San Francisco having purpose of maintain peace and to avoid war. The
Charter was signed on 26 June, 1945 by representative of 50 countries and went to effect
on October 24th 1945 and this date is celebrated as United Nations day every year.
There are some basic points that were kept in mind while forming united nations.
Maintain international peace and security
Protect human rights
Deliver humanitarian aid
Promote economic development

Universal Declaration of Human Rights:

in 1948, UN new human rights commission captured the world attention under the dynamic
chairmanship of Eleanor Roosevelt. The commission set out to draft the document that becomes
the UNHCR because there was consensus between the world community. Canadian expert John
Peter was the main drafter of UNHCR. It was adopted by UN general assembly on 10 Dec, 1948
in Paris and it represents the very 1st global expression.

Nature and Content of Human Rights:

According to different views as to the origin, nature and content of human rights, there
are some postulates that may assist defining them.
 1: Regardless of their ultimate origin human rights are understood to represent both
individual and group demands for political power, wealth, enlightenment and other
cherished value.

2: Basic value imply claim against a person and institution that impede realization and
standards for judging the legitimacy of law and traditions. In nature human rights limit stat
power.

3: Human rights refer a wide continuum of value claims ranging from the most justifiable to
the most aspirational. Human rights partake of both the legal and the moral of order
sometimes in Indistinguishable.

4: Human rights are essentially general or universal in character equally possessed by all
human Beings everywhere

5: Most human rights are qualified as much as necessary to secure the comparable rights of
others and the aggregate common interest.

6: Human rights commonly refer to ‘fundamental’ as distinct from ‘nonessential’ claims.

The western legal tradition accords a special position to what are called ‘personal’ rights
and give individuals or groups with in society the power to set limits on the actions of that
society. The American legal philosopher, Ronald Dworkin used an image from the game of
bridge to explain this principle: the point is that if any attempt is made to inhabit my
freedom , I can play my ‘trump’ card and have the decision revoked in a court of law. This
legal system is different from a system where a fundamental law restricts some decision but
where there are no personal rights. The system of personal rights thus has to effects.

A: it places limits on the actions of government.

B: It offers individuals and specific groups the right to seek redress.

Development of Human Rights:
Human Right tradition is a product of time and cumulative experience.

A French jurist “Karl vask” said that there are mainly three generations of right. Human rights
are developed in following generations,

1st Generation:
These are civil and political rights. It also called blue rights.

Negative rights i.e not to do something. E.g. Right not be tortured.

It is the first wave of rights and derived from 17th and 18th century.

These rights are based on liberal individualism and there is French phrase that will explain the
negativity of rights.

“Laissez- faire” which means leave us in our own state and let us live free.

Civil rights include right of life, freedom of speech, expression, movement, trade, profession and
right to property etc.

Political rights include right to vote, to take part in democratic professions, public gathering,
criticize government.

Liberals, Locke, Rousseau and mills are its proponent.

2nd Generations:
It’s also called socio economic and cultural rights.
Its origin is from 19th century by socialist’s struggles and welfare movement in response to
abuses of capitalism and unlimited individual liberty.

Practiced vigorously by socialists in China, Cuba, and Russia.

These are positive rights in terms of state intervention in providing rights. Article 22-27 of
universal declaration of human rights explain its positivity.

Right to liberty.
Right to social security.
Right to education.
Right to health.
Right to choose profession.
Right to freedom.

3rd Generation:
It’s origin from 20th century.

It’s called group rights and also called green rights.

Group right means that rights of a particular community to preserve their culture, language,
religion and practiced their life according to their traditions, culture and religion. Right to protect
sacred places, books. It also includes environmental rights.

Right to clean air, earth, water and access to other resources of earth and right to share common
heritage of earth.
It is associated with environmental movement and rising awareness of multiculturalism and
pluralism. It linked to group identity.

Assumptions of Human Rights:

Human rights are the basic source of development in any country and organization. It fully
protects Human integrity and honor. It protects the following rights of human being.

Right of education
Freedom of association
Freedom of speech
Right of nationality
Right to own property
Right not to torture
No shall be held in slavery
Right to rest and leisure
Right of security of person
Right to life
Right to choose profession
Freedom of movement