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093 Volume: 4 | Issue: 7 | July | 2019 ISSN: 2455-7838(Online)

EPRA International Journal of Research and Development (IJRD)
Peer Reviewed Journal

THE EVALUATION OF HUMAN RIGHTS- HISTORICAL

EVOLUTION

Dr.S.Saravanakumar
Asst, Prof of Political Science,Gobi Arts & Science College,Gobichettipalayam, India .

ABSTRACT
A new world order came into being out of the ashes of the World War II in 1945, putting respect for human rights
alongside peace, security and development as the primary objectives of the United Nations. The Universal Declaration
of Human Rights, proclaimed in 1948, provided a framework for a series of international human right conventions.
Presently almost all the national legislations influenced by these conventions. It is universally recognized that Human
Rights and Fundamental Freedoms are the birth right of all Human being.

INTRODUCTION Rights is as old as the ancient doctrine of natural right.

A new world order came into being out of the It is ultimately created after the creation of human
ashes of the World War II in 1945, putting respect for being. Thus Human Rights are developed day by day
human rights alongside peace, security and by the various declaration and treaty. On the other
development as the primary objectives of the United side, the fundamental rights are derived from the
Nations. The Universal Declaration of Human Rights, Human Rights and recognized by the states own
proclaimed in 1948, provided a framework for a series constitution. State organization is precondition for
of international human right conventions. Presently ensuring the fundamental rights but not essential for
almost all the national legislations influenced by these Human Rights.
conventions. It is universally recognized that Human The history of human rights covers thousands
Rights and Fundamental Freedoms are the birth right of years and draws upon religious, cultural,
of all Human being. philosophical and legal developments throughout the
CONCEPTS OF HUMAN RIGHTS recorded history. It seems that the concept of human
Rights are something people demands or rights is as old as the civilization. This is evident from
desires for their self-Development. Rights are those the fact that almost at all stages of mankind there have
basic standards without which people cannot live in been a human rights documents in one form or the
dignity. Hobbhouse says, “Rights are what we may other in existence. Several ancient documents and later
expect from others, and others from us and all genuine religious and philosophies included a variety of
tights are conditions of social welfare”. Thomas Paine, concepts that may be considered to be human rights.
a French first used the term „Human Rights‟ While Notable among such documents are the Edicts of
translating the French Declaration of Rights of Man Ashoka issued by Ashoka the Great of India between
and the Citizen from French to English, But 272-231 BC and the Constitution of Medina of 622
unfortunately he was detained. The concept of Human AD, drafted by Muhammad to mark a formal

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agreement between all of the significant tribes and on the third concept (Jus Naturale) which embody the
families of Yathrib (later known as Medina). However, principles of natural law, though not enforceable in the
the idea for the protection of human rights grew after court directly.
the tragic experiences of the two world wars. Prior to The origin of the concept of human rights are
the world war, there was not much codification done usually agreed to be formed in the Greco-Roman
either at the national or the international levels for the natural law doctrines of “Stoicism”, which held that a
protection and implementation of human rights. universal force pervades all creation and that human
HUMAN RIGHTS IN PRE-WORLD conduct should therefore be judged according to the
WAR ERA law of nature
The roots for the protection of the rights of a Christian Period – The idea of natural law
man may be traced as far back as in the Babylonian continue even after Roman period which forwarded
Laws. The development of human rights may be the cause of human rights. However, natural law, at
divided into the following periods prior to the two this stage was considered as will of God revealed to
world wars : men by Holy Scriptures. According to Christian father
Prior to Greek Period – One of the first all laws, government and property were the product of
examples of a codification of laws that contain sin and so human laws contrary to law of God were to
references to individual rights is the tablet of be discarded and ignored. Church as the exponent of
Hammurabi. The tablet was created by the Sumerian divine law could override the State.
king Hammurabi about 4000 years ago. While Medieval Age – Human Rights were further
considered barbaric by today's standards, the system of promoted in the form of natural law in the middle
282 laws created a precedent for a legal system. This ages. It was St. Thomas Aquinas who made a classic
kind of precedent and legally binding document attempt to harmonise the teachings of the Church with
protects the people from arbitrary prosecution and those of natural laws. He distinguished between four
punishment. The problems with Hammurabi's code kinds of law in his “Summa Theology”. He observed
were mostly due to its cause and effect nature, it held that the law of nature is the discovery of eternal law
no protection on more abstract ideas such as race, through reason and reason is the manifestation of
religion, beliefs, and individual freedoms. religion.
Greek Period – It was in ancient Greece Social Contractualist – The next fundamental
where the concept of human rights began to take a philosophy of human rights arose from the idea of
greater meaning than the prevention of arbitrary positive law. Thomas Hobbes (1588-1679) saw natural
persecution. Greeks were the first profounder of law as being very vague and hollow and too open to
natural law principles. They gave a conception of vast differences of interpretation. John Locke has often
universal law for all mankind under which all men are been seen as the seminal figure of the development of
equal and which is binding on all people. Human human rights thinking. He claimed that every man had
rights became synonymous with natural rights, rights a right to life, liberty and property. These ideas were
that spring from natural law. According to the Greek based on the idea of rational, equal men and the
tradition of Socrates and Plato, natural law is law that natural rights provided by God. Governments that
reflects the natural order of the universe, essentially continuously violated these rights became tyrannies
the will of the gods who control nature. A classic and lost their legitimacy to rule. The Lockean
example of this occurs in Greek literature, when Creon principles became to fuel the revolutions of the century
reproaches Antigone for defying his command to not to come. The concept of natural rights was pervasive
bury her dead brother, and she replies that she acted in America. The Americans saw the English rule as
under the laws of the gods tyranny that had lost its legitimacy by violating their
Despite this principle, there are fundamental rights. The American Declaration of Independence
differences between human rights today and natural certainly reflects Lockean ideals, as it claims it is self-
rights of the past. For example, it was seen as perfectly evident that all men (sic) are created equal and thus
natural to keep slaves, and such a practice goes counter have a right to life, liberty and the pursuit of
to the ideas of freedom and equality that we associate happiness. In the Bill of Rights, the set of amendments
with human rights today. to the US constitution, these rights are justified by
Roman Period – This idea of natural rights appeal to natural rights grounded in the rights of God.
continued in ancient Rome, where the Roman jurist In the middle ages and later the
Ulpian believed that natural rights belonged to every renaissance, the decline in power of the church led
person, whether they were a Roman citizen or not. society to place more of an emphasis on the individual,
They classified the law of Rome into three broad which in turn caused the shift away from feudal and
categories namely; Jus Civile, Jus Genitum and Jus monarchist societies, letting individual expression
Natural . The first two were the law of the land based flourish.

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Positivist – After the decline of natural law recognised in the constitutional law o many States that
conception of human rights, positive law evolved and human beings possess certain rights. Worth of human
legislation became the main source of human rights. personality began to be realised.
The Prominent writers in this regard are Austin and HUMAN RIGHTS IN POST WORLD
Bentham. Under positive law, instead of human rights WARS ERA
being absolute, they can be given, taken away, and Earlier, human beings as such had no rights
modified by a society to suit its needs. Jeremy under the traditional international law, which was
Bentham sums up the essence of the positivist view as defined as the law which govern relations between
: Right is a child of law; from real laws come real States. This theory about the nature of international
rights, but from imaginary law, from "laws of nature," law had a number of consequences as far as individual
come imaginary rights….Natural rights is simple is concerned like treatment of the individual was
nonsense. limited to the domestic jurisdiction of each State and
This transfer of abstract ideas regarding Stateless person does not enjoyed any protection under
human rights and their relation to the will of nature traditional international law. However, this theory had
into concrete laws is exemplified best by various legal exception like intervention of other State on
documents that specifically described these rights in humanitarian ground , limitation of sovereignty by
detail: treaty and mandates system under the league of nation
British Magna Carta (1215) - The English The idea of human rights emerged stronger
Magna Carta of 1215 granted by King John is very after World War II. The extermination by Nazi
much significant in the development of human rights. Germany of over six million Jews, Sinti and Romani
The overreaching theme of Magna Carta was (gypsies), homosexuals, and persons with disabilities
protection against arbitrary acts by the King. Land and horrified the world. Trials were held in Nuremberg and
Property could no longer be seized, judges had to Tokyo after World War II, and officials from the
know and respect laws, taxes could not be imposed defeated countries were punished for committing war
without common council. The Carta also introduced crimes, "crimes against peace," and "crimes against
the concept of jury trial in Clause 39, which protect humanity." Neither utilitarism nor scientific
against arbitrary arrest and imprisonment. Thus, Carta positivism, the philosophies that had undermined the
set forth the principle that the power of king was not natural rights concept, could address the problems.
absolute. The Carta was later converted to Bill of The dominant political paradigm, realism, could not
Rights in 1689. find national interest violated. The language of human
French Declaration of the Rights of rights seemed more appropriate. After the war, the
Man (1789) - The representatives of the French Nuremberg War Crimes Tribunal introduces the
people, organized as a National Assembly, believing subject of gross human rights violations to the
that the ignorance, neglect, or contempt of the rights of international relations. The individual German soldiers
man are the sole cause of public calamities and of the were charged of crimes against humanity. The revival
corruption of governments, have determined to set of the concept of human rights can thus be seen as a
forth in a solemn declaration the natural, unalienable, reaction to the horrors of the War. During the next
and sacred rights of man, in order that this declaration, decades, human right movement saw three waves of
being constantly before all the members of the Social activism, which can be divided into three phases :
body, shall remind them continually of their rights and 1. Normative Foundation – The first wave
duties; in order that the acts of the legislative power, as got its momentum from the horrors of the World War
well as those of the executive power, may be II. In the aftermath of the war, the United Nations
compared at any moment with the objects and Charter included promotion of respect for human
purposes of all political institutions and may thus be rights and fundamental freedoms among the principal
more respected, and, lastly, in order that the grievances purposes of the organization. The UN moved quickly
of the citizens, based hereafter upon simple and to formulate international human rights norms . In
incontestable principles, shall tend to the maintenance 1948 the Assembly adopted the Universal Declaration
of the constitution and redound to the happiness of all. of Human Rights (UDHR). The UDHR, commonly
Therefore the National Assembly recognizes and referred to as the international Magna Carta, extended
proclaims, in the presence and under the auspices of the revolution in international law ushered in by the
the Supreme Being. Under the Declaration, rights of United Nations Charter – namely, that how a
men and citizens includes guarantee of equality, government treats its own citizens is now a matter of
liberty, free speech and laid down that law is the legitimate international concern, and not simply a
expression of the general will. These apart, there are domestic issue. It claims that all rights are
various other documents also reflected the ideas of interdependent and indivisible. Its Preamble eloquently
human rights which helps in its development. In fact, asserts that: “WHEREAS recognition of the inherent
since the beginning of the 19th century it was

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dignity and of the equal and inalienable rights of all (ICCPR) and its optional Protocol and the
members of the human family is the foundation of International Covenant on Economic, Social and
freedom, justice and peace in the world…..” Cultural Rights (ICESCR). Together with the
The influence of the UDHR has been Universal Declaration, they are commonly referred to
substantial. Its principles have been incorporated into as the International Bill of Human Rights. In addition
the constitutions of most of the more than 185 nations to the covenants in the International Bill of Human
now in the UN. Although a declaration is not a legally Rights, the United Nations has adopted more than 20
binding document, the Universal Declaration has principal treaties further elaborating human rights.
achieved the status of customary international law These include conventions to prevent and prohibit
because people regard it "as a common standard of specific abuses like torture and genocide and to protect
achievement for all people and all nations." During especially vulnerable populations, such as refugees ,
that time League of Nations existed but it was weak women , and children . In Europe, the Americas, and
and lacked the power to deal with human rights issues Africa, regional documents for the protection and
and therefore it was expected that the UN Charter shall promotion of human rights extend the International
provide an effective international systems for the Bill of Human Rights. These documents have
protection of human rights but this did not happen powerfully demonstrated a surge in demand for respect
because of opposition from the major problems as they of human rights. Popular movements in China, Korea,
had serious problems of their own at that time whereas and other Asian nations reveal a similar commitment
smaller countries favoured the inclusion of Bill of to these principles.
Rights in the Charter, lacked the political influence. 3. Implementation and the Post Cold War
Consequently, the human rights provisions of the Period – Although the latter half of the 20th century
Charter as adopted in San Francisco were weak and saw a rapid development of human rights norms-
vague. However, despite the vagueness, the human setting in international venues, the political agenda of
rights provisions of the Charter had a number of the Cold War did not favour the issue. The human
important consequences namely; rights issues remained highly polarized and politicized,
a) The Charter internationalized the concept of human as the East and West had countering opinions and the
rights, though all the matters did not ipso facto come South its own views. The third wave was triggered by
out of domestic jurisdiction the revulsion against the overthrow of the Allende
b) Secondly, the obligation of the member States of the government in Chile in 1973, the fact that Covenants
UN to cooperate with the organization in the of 1966 entered into force and the beginning of the
promotion of human rights provided the UN with the Carter presidency in the US. In the 1970's the US
requisite legal authority to undertake a massive effort foreign aid was linked to the human rights
to define and codify performance of the recipients. The middle of the
these rights. 1970's saw also the rise of the human rights non-
c) Further, the success of the UN effort is reflected governmental organizations such as Amnesty
with the adoption of the International Bill of Rights International. The end of Cold War freed many nations
and in the vast number of international human rights in Europe from communist rule permitting them to
instruments in existence today. embark on a process of democratic transformation.
2. Institution Building – The 2nd stage in the The end of the Cold War and its effect on human
evolution of international human rights law began in rights is reflected in part in the text of 1993 Vienna
the late 1960s and continued for 15 to 20 years. The Declaration and Programme of Action adopted at the
second wave of activism was influenced by the newly World Conference on human rights held in Vienna in
independent states of Africa and Asia. There were June, 1993.
some important conventions and covenants The ending of the Cold War in the beginning of
established during the decade: Together with the 1990's has meant changes in the activity and
Declaration the Covenants form the essential written functioning of the human rights regime. Human rights
core of international human rights norms. These apart, have become more visible in the political language and
during this period, two distinct developments took the institutions are now more active. It seems there is a
place within the UNs framework. The first focussed on new wave of human rights activism going on. Both the
the nature of human rights obligation which article 55 General Assembly and Human Rights Commission
and 56 created for the member States. The phrase “to have become more active. Most importantly, the UN
promote” was somewhat vague but the vagueness was goals of peace-keeping and human-rights protection
removed by the adoption of ECOSOC resolutions have become increasingly combined. During the Cold
With the goal of establishing mechanisms for War, genocide in places such as Burundi, East
enforcing the UDHR, the UN Commission on Human Pakistan and Cambodia were met only by verbal
Rights proceeded to draft two treaties: the expressions of concern. Now, peace-keepers in El
International Covenant on Civil and Political Rights Salvador, Haiti, Guatemala and Rwanda have explicit

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mandates to investigate human rights violations. protected under all circumstances. For instance, with
Rwanda and Yugoslavia have international tribunals to the possibility of transplanting organs from both the
handle the charges against human rights criminals, first living and dead, a number of issues arise such as
time after Nuremberg. consent to donation, the definition of death to prevent
International human rights commitments is premature harvesting, an equal chance at
still enmeshed with the complex patterns of transplantation etc. Genetic engineering also brings
international politics, and it is easy to point out cases with it the dangers of gene mutation and all the
of janus-faced will to act in some cases and withdraw problems associated with cloning. In order to deal with
in some other. The war in Iraq, which was partly these issues, the Convention for the Protection of
justified by human rights claims and the international Human Rights and Dignity of the Human Being with
unwillingness to interfere in Sudan's genocidal civil Regard to the Application and Medicine puts the
war is a good example. welfare of the human being above society or science.
However, after the end of the Cold War the REFERENCES
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against which nations could be held accountable for 8. Babylonian King Hammurabi issued a set of laws to
the treatment of those living within their borders. his people which is called “Hammurabi Code”,
These voices played a critical role in the San Francisco established fair wages, offered protection of property
meeting that drafted the United Nations Charter in and required changes to be proven at trial.
1945.These apart, the post world war era witnessed a 9. Jus Civil was the civil or the positive law enforceable
by the court to regulate the relationship between the
new form of human rights in which has been termed as
Roman citizens themselves.
collective rights or group rights. These rights protect 10. Jus Genitum was a part of the positive law of Rome,
and promote the cause of the vulnerable groups though much wider in scope than the Jus Civil.
namely; women, children, disabled, minorities etc.
Human rights are fundamental to the
stability and development of countries all around the
world. Great emphasis has been placed on
international conventions and their implementation in
order to ensure adherence to a universal standard of
acceptability. With the advent of globalization and the
introduction of new technology, these principles gain
importance not only in protecting human beings from
the ill-effects of change but also in ensuring that all are
allowed a share of the benefits. The impact of several
changes in the world today on human rights has been
both negative and positive. In particular, the risks
posed by advancements in science and technology may
severely hinder the implementation of human rights if
not handled carefully. In the field of biotechnology
and medicine especially there is strong need for human
rights to be absorbed into ethical codes and for all
professionals to ensure that basic human dignity is

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