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Human rights in international perspective
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Human rights in the international context are fundamental principles that safeguard the inherent dignity and worth of every individual, regardless of their nationality, ethnicity, religion, gender, or any other characteristic. This essay explores the evolution, challenges, and significance of human rights from a global perspective.
Historical Evolution:
Human rights have deep historical roots, with milestones such as the Magna Carta (1215) and the Universal Declaration of Human Rights (UDHR) in 1948 shaping their trajectory. The aftermath of World War II underscored the need for a global commitment to prevent atrocities and protect individuals from the abuse of power.
Universal Declaration of Human Rights:
The UDHR, adopted by the United Nations General Assembly, serves as a cornerstone in the international human rights framework. It outlines a comprehensive set of rights and freedoms, ranging from the right to life and liberty to freedom of expression and education. However, the challenge lies in implementing these rights universally, as diverse cultural, political, and economic contexts often influence their interpretation and enforcement.
International Treaties and Conventions:
To operationalize the principles outlined in the UDHR, various international treaties and conventions have been established. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These instruments provide a legal framework for states to adhere to and are monitored by international bodies.
Challenges to Implementation:
Despite these efforts, the realization of human rights faces persistent challenges. National sovereignty, cultural relativism, and geopolitical considerations can impede the enforcement of international standards. Issues like discrimination, poverty, and inequality persist globally, illustrating the gap between legal frameworks and their effective implementation.
Human Rights in Conflict Zones:
Conflict zones often witness severe human rights abuses, raising questions about the international community's ability to intervene. The Responsibility to Protect (R2P) doctrine emerged as an attempt to address this, emphasizing the global responsibility to prevent and respond to mass atrocities. However, debates over intervention and sovereignty complicate the application of R2P.
Economic Globalization and Human Rights:
The interconnectedness of the global economy brings both opportunities.
2. Introduction
Human rights are the sensitive issues.Human rights mean the basic needs of human
life. Everybody can expect to get these as a human being these needs are essential for
the physical,mental and spiritual developmentof both men and women. The basic
human rights are freedom of speech, security of life, right of citizenship, right to vote,
right for educationand justice.
States and internationalinstitutionsplay a role in protecting human rights.Human
rights are controversialdue to culturalrelativism, political ideologies,economic
interests, religiousand moral beliefs, sovereign concern and perceptionsof selective
law enforcement.
3. Definition of Human Rights
According to Dr. Justice Durga Das Basu defines “Human rights are those minimal
rights which every individual musthave against the state or other public authorityby
virtue of his or her being a member of human family irrespective of any
consideration”.
According to United NationsInternational Children’sEmergency Fund (UNICEF),”
Human rights are standardsthat recognize and protect the dignity of all human beings.
4. Human Rights in Bangladesh
Human rights in Bangladeshare enshrined as fundamentalrightsin Part III of the
Constitution of Bangladesh.Articles 27-47Aare those set of human rights in Bangladesh
which are protectedby the Constitution by ensuring judicial enforceability;
27. Equality before law.
28. Discrimination on grounds of religion etc.
29. Equality of opportunity in public employment.
30. Prohibition of foreign titles, etc.
31. Right to protection of law.
32. Protection of right to life and personal liberty.
33. Safeguards as to arrest and detention.
34. Prohibition of forced labour.
35. Protection in respect of trial and punishment.
36. Freedom of movement.
37. Freedom of assembly.
38. Freedom of association.
5. Continue
39. Freedom of thought and conscience, and of speech.
40. Freedom of profession or occupation.
41. Freedom of religion.
42. Rights to property.
43. Protection of home and correspondence.
44. Enforcement of fundamental rights.
45. Modifications of rights in respect of disciplinary law.
46. Power to provide indemnity.
47. Saving for certain laws.
47A. Inapplicability of certain articles.
6. Historical Background of Human Rights
Magna Carta (1215)
The Magna Carta (also called Magna Chat-ta)17 granted by King John of
England to the English baron on June 15, 1215 was in response to the heavy
taxation burden created by the third Crusade and the reason of Richard-I. The
conception of human rights from the recognition of U.K. perspective may be
found in Magna Carta. The Magna Carta of 1215 CE, is considered as an
important milestone in the human rights struggle, where the freemen English
feudal lords intended to restrain the king from arbitrary arrest or punishment of
any kind. Consequently, Magna Carta was only concerned with baronial liberties
rather than universal human rights. This Great Charter promised that no civil or
criminal action would be taken against any free man without sufficient proof.The
critics pointed out that this Great Charter was a set of baronial demands and not
an assertion of the rights of all individuals.
7. Medina (622)
The main foundation of human rights was establishedin 622 AD by the proclamation
of the Charter of Medina by the Holy Prophet. The Charter of Medina is considered
to be the world's first complete written constitution. The charter contains a total of
47 articles which are the first to explicitly state human rights. Notable passages:
All the signatories of the Charter will form a common nation and all the communities
will enjoy equal civil rights.
All citizens shall enjoy full religious freedom. No one can interfere with anyone's
religion.
The state will ensure the rights and security of citizens. All forms of bloodshed,
murder and rape are prohibited.If a person commits a personal crime, it will be
treated as a personal crime. Because of that, the perpetrator's community cannot be
held responsible. The weak and the helpless should be helped in every possible way.
8. Al- Risalah al Huqqah (659-713)
Treatise on Rights” is attributed to Imam Zayn al-‘Abidin A.S. His other works
include Sahifa-eSajjadia supplications, sayings and letters.
The “Treatise on Rights” elaborates on a well-known saying of the Prophet
(pbuh&p), which has been transmitted in several versions, because he repeated it in
many different contexts. A typical version may be rendered as follows:
“Surely your Lord has a right against you, and you have a right against yourself, and
your wife has a right against you.”
9. Continue
God has made seven rights incumbent upon a person of faith (al-Mu’min)
toward another person of faith, these are the following:
To respect him
Love him in his heart
Have a share for him in his wealth
Consider backbiting against him unlawful
Visit him in his illness
(When he dies) escort his coffin
Say nothing but good about him after his death.
10. The English Bill of Rights (1689)
The English Bill of Rights contributed towards the development of fundamental
rights.This Bill was a part of major settlement between the Crown and
Parliament and like Magna Carta it also constituted a demarcation of powers.
Nonetheless, some of general principles such as prohibition of illegal and cruel
punishments assumed universal significance and subsequently appeared in
many instruments including UDHR.
11. France Declaration of Rights (1789)
French Declaration of Rights (1789)
The representatives of the people of France, formed into a National Assembly,
considering that ignorance, neglect, or contempt of human rights, are the sole
causes of public misfortunes and corruptions of Government, have resolved to
set forth in a solemn declaration, these natural, imprescriptible, and inalienable
rights: that this declaration being constantly present to the minds of the
members of the body social, they may be for ever kept attentive to their rights
and their duties; that the acts of the legislative and executive powers of
government, being capable of being every moment compared with the end of
political institutions, may be more respected; and also, that the future claims of
the citizens, being directed by simple and incontestable principles, may tend to
the maintenance of the Constitution, and the general happiness.
12. Natural Rights Of Jhon Locke
This natural rights had a divine foundation which considered as the will of the
Creator or God. A clear idea of this can be found in the concept of sovereign
natural rights, which many European philosophers of the seventeenth and
eighteenth centuries put forward in their writings. Here they express the view
that rights and obligations are manifested collectively in the state by the
respective initiatives of individuals. Social contract theorists have elaborated the
natural rights of the human community by giving various interpretations of
natural law.
The new trend of social contract theory created by the development of social
contract theory by the eighteenth century philosopher John Locke later
contributed to the development of human rights theory. In Locke's Social
Contract Theory, in The Second Treatise of the State (1689), he argued that, as
creatures of God or nature, every human being is by nature free and equal.
13. Conclusion
In conclusion it can be said that, the word human rights is essentially a recent
phenomenon however the spirit is as old as the human civilization. Human
Rights are a dynamic concept and endeavours to adopt itself to the needs of the
day. Human rights constitute those very rights which one has precisely because
of being a human. In their basic meaning, human rights are claims of the
individuals for such conditions, which are essential for the fullest realization of
the innate characteristic which nature has bestowed upon him/her with as a
human being.