The document discusses the definition, concept, and historical development of human rights from ancient times to the modern era. It notes that human rights are inherent to all people, regardless of attributes, and protect fundamental freedoms. Major milestones discussed include the Magna Carta, English Bill of Rights, American Declaration of Independence, French Declaration of Rights of Man and Citizen, and the UN Universal Declaration of Human Rights. Theories of human rights protection are also examined.

1. HUMAN RIGHTS

2.  Definition of Human Rights:
According to Protection of Human Rights
Act,1993,section 2(I)(d),:
human rights means the rights relating
to Life ,Liberty, equality, and dignity of
individual guaranteed by the
constitution or embodied in
international covenants and
enforceable by courts in India.

3.  Dr. Justice Durga Das Basu defines :
Human rights are those minimal rights ,
which every individual must have against the
state, or other public authority ,by virtue of his
being a ‘member of human family’ irrespective
of any consideration.

4.  concept of Human rights:
• Human rights is basic humanity
• Apply to all people everywhere.
• Human rights a Matter and part and parcel of
international law because it do not depend on
an individual nationality and therefore the
protection of these rights cannot be limited to
the jurisdiction of any state.

5. • Human rights are those rights which are
inherent in our nature and without which we
cannot live as human beings.
• Inherent in all the individual irrespective of
their cast ,creed(religious faith) ,religion ,man
,woman ,nationality.
• Known as fundamental rights , basic rights or
natural rights and this must not be taken away
by any legislature or any act of government.
• Fundamental inalienable rights which are
essential for life as human being

6. • Not create by any legislation ,the resemble
very much the natural rights.
• Human rights are the very essence of a
meaningful life , and to maintain human
dignity is the ultimate purpose of the
government.

7. • Human rights allow human being to develop
fully and use human qualities like intelligence ,
talents ,conscience etc. to satisfy the basic
needs of life.
• It has been realised that the function of all the
laws whether they are the rules of municipal
law or that of international law should be
protect them in the interest of the humanity.

8. Origin
• The evolution of human rights has taken place
over centuries.
• Man had to struggle hard in order to achieve
the ultimate goal-living with dignity-which still
has to be realised in various societies.
• Concept of human rights emerged as a
possible reaction to slavery ,torture, genocide,
and war crimes and the realization of the
inherent human vulnerability.

9. • India itself is an example where women,
children, dalits ,bonded labourers, etc. , is
trying hard to be a part of mainstream.
• Origin of human rights may be traced to the
theory of natural rights derived from the
concept of natural law , as propound by
ancient Greek.
• The American and French Revolution gave
further impetus to the struggle of human
rights.

10. • The evolution and development of human
rights in international context can be traced to
Megna Carta and English Bill of Rights
followed by the French Declaration and the
American Bill of Rights.
• The basic idea of human rights originated in
the aftermath of World War II ,and atrocities
of the Holocaust that started with adoption of
the Universal Declaration of Human Rights by
United nations General Assembly in 1948.

11. • ‘Human rights’ expression had its origin in
international law, which is not older than the
World War II, the concept of an individual
having certain basic, inalienable rights as
against a sovereign state had its origin in the
doctrines of natural law and natural rights.

12. Historical Development of H.R
• Hammurabi's code:
 First example of the codification of the law. Created
about 4000years ago by Babylonian king Hammurabi.
• Greek and Roman:
 Greek & Roman philosopher Recognized the idea of
natural rights.
 Plato was one of the earliest writers to advocate a
universal standard of ethical conduct.
 The Roman Jurist Ulpian stated that according to law of
nature , all men are equal and all are born free.

13.  This meant that foreigners are required to be dealt
in the same way as one deals with one’s citizen.
 Aristotle wrote in politics that justice , virtue , and
rights change in accordance with different kinds of
constitution and circumstances.
• Cyrus cylinder(B.C .539):
 In 539 B.C., the Cyrus the Great ,the first king of
ancient Persia. His actions that marked a major
advance for man . He freed the slaves ,declared that

14. Cyrus cylinder

15.  He freed the slaves ,declared that all people had the
right to choose their own religion and
established racial equality . These and other
decrees were recorded on clay cylinder in
Akkadian language, today known as Cyrus
Cylinder.
• Magna Carta(1215):
 Known as the Great Charter, of 1215 is most
significant Constitutional document of all human
history.
 The main theme of it was protection against the
arbitrary acts by the king.

16.  The 63 clauses of the Charter Guaranteed basic civic
and legal rights to citizens and protection the barons
from unjust taxes.
 The English Church too gained freedom from royal
interferences.
 King granted the Magna Carta to English barons on
15th June 1215 because barons refused to pay heavy
taxes .(K)

17. Magna Carta
• Opening of the preamble to Magna Carta of 1215; in
the British Library .

18. • The English Bill of rights,1689:
 Enacted on 16 December 1689, by British
Parliament.
 Declared its supremacy over the Crown.
 This Bill declared that king has no overriding
authority
 The Bill of Rights codified the customary laws , and
clarified the rights and liberties of the citizens.
 Its lays down the twin foundations: supremacy of
law and sovereignty of the nation upon which ,the
England constitution rests.(K)

19. • American Declaration of Independence,1776:
 The expression ‘fundamental rights of man’ was
stated in the declaration and constitutional
instrument of many state.
 For instance, the Declaration of Independence of the
thirteen United State of America in 1776.
 This Declaration affirmed that all ,men are by nature
equally free and independent and have certain
inherent rights.(A)

20. • French Declaration Rights of Man and Citizen
1789:
• This Declaration stipulated that men are born and
remain free and equal in rights.
• Aim of all political association is the conversation of
the natural and inalienable rights of man: these
rights are liberty , property, security, and resistance
to oppression.

21. • Declaration of International Right of
Man,1929:
After World War - I ,question about human rights
and fundamental freedoms began to be raised.
The Declaration declared that fundamental rights
of citizen, recognised and guaranteed by several
domestic constitution , especially those of French
and U.S.A constitution, were in reality meant not
only for citizen of the state but for all men all over
the world , without any consideration.(K)

22. • The UN Charter,1945 ( world War II):
 The United Nations Charter was drafted, approved
and unanimously adopted by all the delegated of 51
states, who attended the United Nations Conference
at San Francisco .
 First official document in which, use word ‘Human
Rights’. First time traceable and which also
recognized the respect for fundamental freedom.(K)

23. • The Universal Declaration of Human
Rights,1948:
 Adopted by the General Assembly of the United
Nations on 10th December 1948.
 It has thirty Articles and covers Civil , Political,
Economic , Social and Cultural rights for all men,
women and children.
 The declaration however is not a legally binding
document .It is an ideal for all mankind.(K)

24. Sources
• Treaties :
 Most important sources of law.
 Number of multilateral treaties relating to human
rights are in force which are legally binding to those
state which are parties to them.
 Regional treaties on Human Rights such as European
Convention on human rights ,American Conventions
on Human Rights and African Charter on Human
Rights are also legally binding on contracting state
and they therefore are the source of law.(A)

25. • Custom:
 Certain International human rights have acquired the
status of customary International law by their
widespread practice by state and they therefore, are
binding on all the state without regard to whether
they have expressly consented.

26. • Other International Instrument:
Declaration
Resolutions
Recommendations
Not legally binding still recognised as human
rights document
Universal Declaration on Human Rights 1948
Teheran Conference 1968
Vienna Conference 1993

27. • Judicial Decisions:
Decisions of the judicial bodies are relevant in
the determination of the rules on human
rights issues.
• Official Documentations:
Official documents of United Nations and its
subsidiary bodies have produce a vast amount
of document relating to human rights matters.
Human Rights Law Journal
Human Rights Review

28. European Law Review

29. Human Rights Theories
• Natural Law Theory :
Known as Divine law ,unwritten law , Universal
law , common law ,eternal law ,or moral law.
The source of natural law is God.
Closely related to justice and ethics
This theory can be credited to the Greek.
Scholars like Aristotle and Plato worked on
this thought of “Natural Law”.

30. This theory was developed and elaborated by
the Romans as the early and original law of
Romans called the “Jus civil”(only for citizen).
Later Romans developed “jus gentium”(all
people , citizen or foreigners) which was
consider as law for universal application.
Natural law is universal in nature and
therefore its application is not limited to any
class or category of persons.

31. • Positive Theory:
Bentham advocate this theory.
To him rights are creation of the state , they are
neither absolute nor inherent ,and they are the
fundamental rights of the individual.
According to Professor H.L.A, there is distinction
between invalidity of law and the morality of
law.
According positivists a law to be valid must be
enacted by an appropriate legislative authority.
such law remains valid irrespective of its
morality.

32. • Marxist theory:
The Marxists do not conceive the rights of
individuals as distinct from rights of the society
as whole.
According to them ,only by achieving the
upliftment of the society or community, the
higher freedom of individuals can be
achieved.
Thus in view of this theory even satisfaction of
basic needs of individuals are contingent on
realisation of social goals.

33. • Theory based on justice:
John Rawl is chief exponent of this theory.
According him ‘Justice is the first virtue of
social institution”.
In his view, the role of justice is crucial to
understanding of human rights. Indeed
human rights are an end of justice.
The concept of justice help to determine all
social, primary goals ,such as liberty and
opportunity , income , wealth which are to be
distribute equally.

34. • Theories based on Dignity:
 The exponent of this theory regard the protection of
human dignity as paramount objective of social
policy.
 Following a value –policy oriented approach based
on protection of human dignity , they point out that
the demand for human rights are demands ,for wide
sharing in all the values upon which human rights
depend for effective participation of all community
value processes.

35. According to them there are eight
interdependent values upon which human
rights depend.
They are : 1) respect
2) power
3) enlightenment
4) well being
5) health
6) skill
7) affection
8) rectitude(morally correct
behaviour)

36. Ultimate object of theory is social policy
protect the human dignity.
 The right guaranteed under Article 21 of the
Constitution of India includes the right to lead
a dignified life.

37. • Theory based on equality of respect and
concern:
This theory was propounded by Dowrkin.
The basic premises of this theory is that
government must treat all their citizen with equal
concern and respect.
He even advance the idea of state intervention in
order to achieve social welfare.
In his view ,a right to liberty is too vague to be
meaningful but there are certain specific liberties
,such as , freedom of speech, freedom of
worship, right to association, special protection
against government Interference..

38. • A Perusal of above theories shows that no single theory
can satisfactorily explain present state and
development of human rights .
• However, the natural rights theory based on natural
seems to be more akin to present concept and
development of human rights.
• Theory of natural rights along the theories based on
justice , theory based on dignity and theory based on
equality of respect and concern may go a long way to
explain the present trend of respect for and protection
of human rights.

39. International Approach
• International Bill of Rights
Universal Declaration of Human Rights, 1948
International Covenant on Civil and Political rights 1966
International Covenant on Economic ,Social and
Cultural Rights, 1966
 Optional Protocol to ICCPR,1966
 Optional Protocol to ICCPR Aiming at the
Abolition of Death penalty,1989
 Convention Against All Types Racial Discrimination
1966

40. National Approach