This file is a detailed description of concept of human rights and their ideological foundation etc.

1. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
Unit 1: Human Rights
Origin of Rights
The evolution of the idea of human rights in the form as we know it today is end result of long
drawn process. The constant endeavour and struggle of human history ultimately shed some
lights on the ultimate goal of human life i.e. living with dignity. It is yet to be achieved in
various parts of the world. For instance, in India one can see the atrocities done on the name
of caste, gender and religion is something which is putting a lot of strains on the very idea of
living life with dignity.
Development of Human Rights
The human rights which we are enjoying today is developed though varies stages. The
important landmarks in the development of human rights are the following documents and
struggles:
1. Magna Carta of 1215
2. Influence of Social Contract Theory
3. English Bill of Rights of 1689
4. American Declaration of Independence of 1776
5. American Bill of Rights of 1791
6. French Declaration of the Rights of Man of 1789
7. Universal Declaration of Human Rights of 1948
8. International Covenants on Human rights.
Magna Carta
The Magna Carta is considered as the first charter of liberty. It was signed by the king John of
England in 1215. The main theme of the Magna Carta was protection against the arbitrary
acts of the king. The 63 clauses of the charter guaranteed certain basic civil and legal rights to
citizens and protected the barons from unjust taxes.

2. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
Influence of Social contract theory
The influence of social contract theory in the development of the Human Right was more
profound in scope as well as in its impact. The doctrine of social contract was closely linked
with the theory of natural law because the basis upon which the natural law theories were
formulated was the same for the social contract also. These doctrines became popular during
16th and 17th century through the writings of Thomas Hobbes, John Locke, and Jean Jacques
Rousseau.
The English Bill of Rights
The Bill of Rights was signed in England in 1689, after the Glorious Revolution of 1688. After
the Glorious Revolution, the power of the king was reduced and the British parliament
declared its supremacy over the crown in clear terms.
American Declaration of Independence
America was the colony of Britain .There were 13 colonies in America. These colonies were
revolted against England for their independence. The main reason for the revolt was that the
British government was of the view that the colonies also should share in the expenses
incurred in their administration. With this view the British government started to take various
regulatory measures under which it introduced certain new taxes. This resulted into militant
opposition by the American people. They argued that, since they did not have their
representatives in British parliament, it had no right to impose taxes upon them.
Us Bill of Rights
The first ten amendments of the American constitution constitute the American Bill of rights.
James Madison proposed as many as twelve amendments in the form of a bill of rights in
1791.
Ten of these were ratified by the State legislatures. These ten constitutional amendments
came to be known as the Bill of Rights in America. The constitutional settlements in the US
and the attached Bill of Rights provided a model for the protection of human rights.

3. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
French Declaration of the Rights of Man of 1789
The Declaration of the Rights of Man was a product of French Revolution. The revolution
reached in climax in 1789; the National Assembly swept away the ancient feudalism and
serfdom. The slogan of the revolution was liberty, equality and fraternity.
The French revolution enabled the people to enjoy different kinds of rights. The revolution
established the novel ideas of Liberty equality and fraternity. The government should be not
only “for the people” but also “by the people”.
Adoption of Universal Declaration of Human Rights
The Universal Declaration of Human Rights(UDHR) was adopted by the General Assembly of
the United Nation on 10th December 1948.The declaration is not a legally binding document;
It is an ideal for all mankind. In its final form, it comprises of alert of civil, political, economic,
social and cultural rights to which all persons are entitled.
International Covenants on Human Rights
The meet the demand for a legally binding document for the protection of the human rights,
two international covenants were approved by the General Assembly on 16th
December1966. These are 1. International Covenant on Civil and Political Rights 2,
International Covenant on Economic Social and Cultural Rights. What is more important about
the two UN covenants is that they contain “international mechanism” to monitor and oversee
that the obligation of human rights are observed by states parties to the covenants.

4. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
Concept of Rights
What is human rights?
Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We
are all equally entitled to our human rights without discrimination. These rights are all
interrelated, interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law, general principles and other sources of international law.
International human rights law lays down obligations of Governments to act in certain ways
or to refrain from certain acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups. Human rights are based on the concept that all human
beings are created equal and deserve equal treatment. Human rights are the belief that no
one should be treated unfairly because of their ethnic background, religion, gender, age,
socio-economic status, country of origin or any other discriminating factor. Human rights
require that every person's basic needs of food, water, shelter and clothing are met. Human
rights also require that each person has an equal opportunity to develop naturally within a
safe environment alongside other people. Human rights include both individual and collective
rights. Collective rights include groups of people such as Indigenous peoples and ethnic
minorities.
Definition of Rights
“Oxford dictionary defines, a right as a justifiable claim on legal and moral grounds, to have
or obtain something, or to act in a certain way.”
“Rights are the claim to something and against someone. – Joel Feinberg”
“McCloskey prefers to define rights as an entitlement rather than a claim.”
“Asserted that rights could be understood as belong to one of four categories: claim, liberty,
power and immunity. – Wesley H”

5. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
Features
Universal and inalienable
The principle of universality of human rights is the cornerstone of international human rights
law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948,
has been reiterated in numerous international human rights conventions, declarations, and
resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it
is the duty of States to promote and protect all human rights and fundamental freedoms,
regardless of their political, economic and cultural systems.
All States have ratified at least one, and 80% of States have ratified four or more, of the core
human rights treaties, reflecting consent of States which creates legal obligations for them
and giving concrete expression to universality. Some fundamental human rights norms enjoy
universal protection by customary international law across all boundaries and civilizations.
Human rights are inalienable. They should not be taken away, except in specific situations and
according to due process. For example, the right to liberty may be restricted if a person is
found guilty of a crime by a court of law.
Interdependent and indivisible
All human rights are indivisible, whether they are civil and political rights, such as the right to
life, equality before the law and freedom of expression; economic, social and cultural rights,
such as the rights to work, social security and education, or collective rights, such as the rights
to development and self-determination, are indivisible, interrelated and interdependent. The
improvement of one right facilitates advancement of the others. Likewise, the deprivation of
one right adversely affects the others.
Equal and non-discriminatory
Non-discrimination is a cross-cutting principle in international human rights law. The principle
is present in all the major human rights treaties and provides the central theme of some of
international human rights conventions such as the International Convention on the

6. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All
Forms of Discrimination against Women.
The principle applies to everyone in relation to all human rights and freedoms and it prohibits
discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and
so on. The principle of non-discrimination is complemented by the principle of equality, as
stated in Article 1 of the Universal Declaration of Human Rights: “All human beings are born
free and equal in dignity and rights.”
Rights and Obligations
Human rights entail both rights and obligations. States assume obligations and duties under
international law to respect, to protect and to fulfil human rights. The obligation to respect
means that States must refrain from interfering with or curtailing the enjoyment of human
rights. The obligation to protect requires States to protect individuals and groups against
human rights abuses. The obligation to fulfil means that States must take positive action to
facilitate the enjoyment of basic human rights. At the individual level, while we are entitled
our human rights, we should also respect the human rights of others.
Sources of Human Rights
1. Magna Carta of 1215
2. Influence of Social Contract Theory
3. English Bill of Rights of 1689
4. American Declaration of Independence of 1776
5. American Bill of Rights of 1791
6. French Declaration of the Rights of Man of 1789
7. Universal Declaration of Human Rights of 1948
8. International Covenants on Human rights.
Ideological Foundations of Human Rights
Human rights are universal and inalienable; indivisible; interdependent and interrelated. They
are universal because everyone is born with and possesses the same rights, regardless of

7. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
where they live, their gender or race, or their religious, cultural or ethnic background.
Inalienable because people’s rights can never be taken away. Indivisible and interdependent
because all rights – political, civil, social, cultural and economic – are equal in importance and
none can be fully enjoyed without the others. They apply to all equally, and all have the right
to participate in decisions that affect their lives. They are upheld by the rule of law and
strengthened through legitimate claims for duty-bearers to be accountable to international
standards.
Universality and Inalienability: Human rights are universal and inalienable. All people
everywhere in the world are entitled to them. The universality of human rights is
encompassed in the words of Article 1 of the Universal Declaration of Human Rights: “All
human beings are born free and equal in dignity and rights.”
Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic,
political or social issues, human rights are inherent to the dignity of every human person.
Consequently, all human rights have equal status, and cannot be positioned in a hierarchical
order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of
everyone to an adequate standard of living cannot be compromised at the expense of other
rights, such as the right to health or the right to education.
Interdependence and Interrelatedness: Human rights are interdependent and interrelated.
Each one contributes to the realization of a person’s human dignity through the satisfaction
of his or her developmental, physical, psychological and spiritual needs. The fulfilment of one
right often depends, wholly or in part, upon the fulfilment of others. For instance, fulfilment
of the right to health may depend, in certain circumstances, on fulfilment of the right to
development, to education or to information.
Equality and Non-discrimination: All individuals are equal as human beings and by virtue of
the inherent dignity of each human person. No one, therefore, should suffer discrimination

8. SHAHBAZ AKRAM -PREPARED BY- ABDUL MOMIN
on the basis of race, colour, ethnicity, gender, age, language, sexual orientation, religion,
political or other opinion, national, social or geographical origin, disability, property, birth or
other status as established by human rights standards.
Participation and Inclusion: All people have the right to participate in and access information
relating to the decision-making processes that affect their lives and well-being. Rights-based
approaches require a high degree of participation by communities, civil society, minorities,
women, young people, indigenous peoples and other identified groups.
Accountability and Rule of Law: States and other duty-bearers are answerable for the
observance of human rights. In this regard, they have to comply with the legal norms and
standards enshrined in international human rights instruments. Where they fail to do so,
aggrieved rights-holders are entitled to institute proceedings for appropriate redress before
a competent court or other adjudicator in accordance with the rules and procedures provided
by law. Individuals, the media, civil society and the international community play important
roles in holding governments accountable for their obligation to uphold human rights.