Human rights : Arts & Entertainment

Human rights

Lexicon?meaning of the term ?human rights? is: ?claims asserted or those which should be or sometimes stated to be those which are legally recognised and protected to secure for each individual the full and free development of personality and spiritual and other independence. The Protection of Human Rights Act, 1993 defines Human Rights as ?the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India?. [The Protection of Human Rights Act, 1993, section. 2(d).]. Briefly speaking, ?human rights? are globally recognised as those rights of mental and spiritual development. These rights are derived from the dignity?and worth inherent in the human persons. [Valsamma Paul Vs. Cochin University, AIR 1996 SC 1011]. The recognition of these rights has been a result of man?s long struggle for the realisation of his human values.

The idea of some basic rights of men may be traced in many ancient legal systems.

In Hindu system of law, which has the oldest pedigree of any known system of ?jurisprudence? there was no concept of rights. Law laid down?only duties for all classes of men in the society and the ruler. It was called ?dharma?. Everybody including the ruler was bound by dharma. One great function of the ruler or the state was to enforce the observance of law. It incorporates the concept of rule of law. The duties of the king towards his subjects included a number of functions or acts which may be termed as rights of men. These could not be changed by any authority. The State waas enjoined o promote security and welfare of all members of?society. The idea of equality before law even-handed justice, special protection of women, children and learned men were some of the important features of that system.

In West, the idea of rights of men emerged out of the concept of natural law. The instability of political institutions and frequent changes of governments and arbitrariness tyranny of law in small city states of Greece led the philosophers to think and speak of some immutable and universal principles. They preached ?the need of orderly maintaining of a social status quo and of the security of social institutions and sought some theory of authority in an ideal politically organised society. They sought an ideal which would serve for adjusting relations and ordering conduct by rule and principle and should impose bonds of reason upon those who applied, and upon those who were subject to the rule?. The immutable and universal principles conceived by them and believed to be superior to the law of the land were termed as ?nature law?. Subseuently, philosophers in Rome and elsewhere interpreted natural law differently. However, the existence of a law superior to the law of the land was recognised. In the hands of philosophers of later ages, ?natural law? became the main plank or rights of men. Religion also contributed to the evolution of the idea of rights of men. Jew-philosophy developed the idea of importance of individual. It considered man as an individual with his own mission in life to fulfil. The scriptures set out a moral code. It lays down the principle of brotherhood of men and includes references to personal freedoms. Christianity further developed this philosophy. It preached all men are equal and?every person is significant. Every individual has an eternal future and unlimited attainments. God has given to every individual an enormous gift of freedom and wished his full growth and development. These principles are incorporated in the Ten Commandments and in other scriptures. Some principles which state the equality of human being are: ?Thou shalt love thy neighbour as thyself?. ?The stranger that dwelth with you shall be as one born among you and thou shall love him as thyself.

With the spread of Christianity, the idea of equality of men and the significance of individual came to be perceived throughout Europe. The new ideas of Juedo Christianity scriptures led to the fall of Roman Empire.?Catholic philosophers and theologians of Middle Ages propounded their?theories of natural law. Thomas Aquinas whose views may be taken to be representative said that monarch has only limited powers. Human law?or man made law is valid only in so far as it is in conformity with ?natural? or ?eternal law?. However, he added, that men should obey it even if it is unjust. Thus during? Middle Ages, limitations? on the powers of ruler came to be forcefully advocated. The growing popularity of the idea, on the one hand, and the emergence of nation states and establishment of despotic regimes during Middle Ages, on the other hand, the struggle for rights of men started in Europe within the national boundaries and in course of time certain rights of men came to be recognised.

Magna Carta (1215) is the first document which grants certain basic freedoms and protection to individuals. Though it was granted at the instance of barons, all the classes of the society were behind it and though it was?declaration of the rights principally for the barons which in many ways was in derogation of the rights of the people, some of the grievances of all sections of the society were tried to be removed. It calls for reasonable fines, proportionate to the offence and the offender. It calls for justice as a matter of right, not to be sold, dented or delayed. It calls for the security of the person. The free man is not to be banished or outlawed or deprived of his established privileges without a lawful judgment or otherwise than according to law.?

In West, Magna Carta for the first time limited the power of the king and endeavours to establish a system of constitutional government.

The rights granted by the Magna Carta became the basis for claiming further rights. During subsequent reigns, people continued their struggle and in course of time, some other limitations came to be imposed upon the power of the king. Violations of the rights guaranteed by Magna Carta and general consciousness about individuals rights on the part of the people and their assertion of the same led to the Glorious Revolution in 1688. The new King crowned on his signing the Bill of Rights. Bill of Rights re-stated the guaranteed rights of liberty in Magna Carta and enlisted many previous violations of Magna Carta by tthe Crown.

When the British Colonialists went to and settled in America, the above stated rights also travelled with them. In their charters, these rights were closely intertwined. Many of the States which had come into existence before the American War of Independence had adopted guarantees of rights of men. Virginia was the first to adopt these rights. It was followed by many other States. Virginia?s adoption of rights of men had certain new and special features. One such feature was that provisions relating to these rights were segregated into ?Declaration of Rights?. Another important feature was that the rights were binding on the legislature also.

With the emergence of nation states and establishment of despotic regimes during middle ages, the struggle for freedom started in Europe within the national boundaries.

Reformation and Renaissance added new dimensions to the demand and basis for individual?s rights and limiting the power of the government. New branches?of knowledge and discoveries of science shattered the foundations of established values. ?Rationalism? became the creed of the age.

The ?Social contract theory? which was propounded long back was given new content and meaning. Locke and Rousseau interpreted this theory to mean individual?s liberty and limite government. Locke wrote the Two Treatises of Civil Government to justify the Glorious Revolution of 1688 and explain the importance of the Declaration of Bill of Rights. Rousseau in his interpretation of ?natural law? and ?social contract? theory laid emphasis on people?s sovereignty. It stands for the freedom and equality of men. Locke and Rousseau exercised great influence on contemporary thought and inspired French and American revolutions. American Declaration of Independence contained assertion of the rights?to freedoms. French ?Declaration of Rights of Man and the Citizen? declared the natural and inalienable rights of man. Before ratification of the American Constitution by States, the rights of men were incorporated in it in the form of Ten Amendments which are called Bill of Rights. Subsequently, more amendments relating to basic liberties?were adopted. Now their number is nineteen.

It is to be pointed out that American Bill of Rights vitally differs from the civil liberties as incorporated in the French Constitution. Some notable differences are : The French Declaration is a kind of treatise on government. It tells why these rights are set forth. The American Constitution enlists the secific rights. In the French Declaration no machinery is provided for the enforcement of the rights. The American?;Bill of Rights? is enforceable in court.

Liberties of men came to be incorporated in many later constitutions, specially of Latin American countries though they are not so efficious or so well secured as they are in American Constitution.

United Nations and Human Rights.?

The concept of human rights in its present form has evolved in the present century and has become very significant aspect of contemporary international relations. Human rights are currently a matter of great international interest. The present concern for formulation and protection of human rights is a result of gross violation of the same during the two World Wars. It was realised by the world community that it was unrealistic to expect protection of human rights, international community also needs to take steps. It was considered a necessary condition for international peace.

The United Nations formed after the Second World War was conceived to be primarily a mechanism to maintain international peace and security. It lays great emphasis on the need for safeguarding basic human rights as it was realised that protection of human rights is closely linked to international peace and security.?Thus, the Charter of United Nations reaffirmed faith in fundamental?human rights and in dignity and worth of the human person, and made promotion and encouragement of respect for human rights and fundamental freedoms responsibility for the world body. The charter imposes an obligation on the member staes regarding observance of human rights. Thus, it makes human rights and fundamental freedom and important norm of international law. After the Charter came into force one of the first acts of the world body was to fulfill its commitment with respect to human rights. Ultimately, the world body adopted and proclaimed Universal Declaration of Human Rights in 1948 which is said to be ?International Bill of Rights?.

Universal Declaration of Human Rights.???????????

The Preamble of Universal Declaration of Human Rights states:

?Whereas, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas, disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief, and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas, it is essential, if man is not to be compelled to have recourse, in the last resort, to rebellion against tyranny and oppression, that humanrights should be protected by the rule of law,?

Whereas, it is essential to promote the development of friendly relations between nations,

Whereas, the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas, members states have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for, and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realisation of this pledge.

The General Assembly Proclaims.??????

THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both, among the peoples of members states themselves, and among the peoples of territories under their jurisdiction.

All human beings are born free and equal in dignity and rights;

Everyone is entitled to all the rights and freedoms set?forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;

The main human rights incorporated in the Declaration are briefly as under:

Right to life, liberty and security of person;
Right to be or not to be held in slavery or servitude;
Right against subjection to torture or to cruel, inhuman or degrading treatment or punishment;
Right of equality before law;
Right to have remedy by the national tribunals for acts violating the fundamental rights;
Right against arbitrary arrest, detention or exile;
Right to have equality?to a fair and public hearing in civil or criminal matters;
Right to be?presumed innocent until proved guilty according to law;
Right to be not held guilty under expost facto penal law;
Right to privacy, family, home or correspondence;
Right to freedom of movement and residence within the state;
Right to nationality;
Right to marry and to have family to men and women of full age, without any discrimination and to protection of family;
Right to own peoperty;
Right to freedom of thought, conscience and religion;
Right to freedom of opinion and expression;
Right to freedom of peaceful assembly and associaton;
Right of equal access to public service in one?s country;
Right to social security;
Right to work;
Right to equal pay for equal work;
Right to just and favourable remuneration;
Right to form and to join trade unions;
Right to rest and leisure;
Right to a standard of living;
Right to education;
Right to freely participate in the cultural life of the community;
Right to the protection of the moral and material interests.

The Declaration has been hailed ?as a historic event of profound significance and as one of the greatest achievements of the United Nations?. It has been considered to be ?the mind from which other Conventions as well as National Constitutions protecting these rights have been and are being quarried.

The Declaration of Human Rights exercised tremendous influence on national and international affairs. It provided the basis for several international conventions on human rights and inspired constitution of many states which emerged after the adoption of the Declaration.

Other Covenants Relating To Human Rights.???

The Declaration of Human Rights was followed by International Covenant on Economic, Social and Cultural Rights, 1966 and Optional Protocol to the International Covenant on Civil and Political Rights. These constitute thrust of the UN for the promotion and observance of human rights. In addition to these, a large number of conventions have been adopted and numerous resolutions relating to human rights have been passed.

The Declaration is not a legally enforceable instrument. However, the Covenants impose legal obligations in respect of these rights and provide machinery for dealing with complaints of violation of the Covenants.

Now Human Rights Commission has started playing an important role in the enforcement of human rights standards. It has established procedure to look into human rights violations by member states. It is considered to be the nearest approach to permanent machinery for the supervision of the problem of protection of human rights.

The Commission makes studies and recommendations either on its own initiative or at the request of the General Assembly or the Economic and Social Council. The Commission submits a report in each session of the Economic and Social Council. It has played an active role in investigating violation of human rights. It also publishes Year Book of Human Rights.

There is Commission on the Status of Women. It has played an important role in creating norm for women?s rights. It adopts its own resolutions and recommends draft resolutions for adoption by ECOSOC. It submits a report on each session of the Council. There is a sub commission called ?Commission on Prevention of Discrimination and Protection of Minorities?. This Commission is entrusted with the task of prevention of discrimination and protection of social, national and linguistic minorities. It submits a report on each session to the Commission on Human Rights.

There are many other UN bodies which are playing part in the enforcement of human rights. There is Human Rights Committee to monitor and implement Covenant on Civil and Political Rights (CCPR). The state parties are required to submit periodic reports to the Human Rights Committee on the measures taken by them to give effect to the rights recognisedin the Covenant. After considering the national reports, the Committee sends its comments to the State parties.

There is an Expert Committee on Economic, Social, and Cultural Rights which supervises the implementation of the rights under CESCR.

There are United Nations? Conventions which contain provisions of machinery for the enforcement of human rights. The ILO constitution requires member states to submit annual reports on the measures adopted by them to give effect to ILO conventions.

There are Regional Conventions also namely, (i). the European Convention for the protection of Human Rights, 1950; (ii). American Convention of Human Rights, 1969; (iii). African charter on human rights and People?s Rights , 1981. These work for ensuring protection of human rights in their respective regions.

There are many NGOs at international and regional level which bring out reports regarding the violation of human rights. Some such International NGOs are: International Committee on Red Cross, International Commission of Jurists; Amnesty International. They periodically bring out their reports which, inter alia, indicate the regions or countries where violations of human rights are taking place. Their reports draw the attention of the world towards such violations and it has reat impact on national governments.

In recent years World Body has taken a number of steps of creating more awareness about human rights and mobilisation of opinion for their protection and promotion.

U.N. has taken steps to establish New International Human Order having the aim of providing the basis for solving problems of poverty, illiteracy, terrorism, refugees and other issues.

In 1991, the General Assembly adopted a resolution to establish a voluntary fund to provide financial assistance, inter alia, to individuals who are victims of slavery and whose rights have been violated by such practice.

A World Conference on Human Rights was held in Vienna in 1993. It adopted a two part Vienna Declaration and a six part Programme of Action. The conference, inter alia, called for specific measures designed to strengthen international human rights instrument and their monitoring mechanism, and to improve co-ordination of U.N. activities for the furtherance for human rights.??????????

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Written by: Dan on June 9, 2011.

Posted by Dan on Thursday, June 9, 2011 at 2:33 am?
Filed under Humanities ? Tagged with Cochin University, Development Of Personality, Dharma, Dignity, Frequent Changes, Hindu System, Human, Human Persons, Human Rights Act, Human Rights Act 1993, Human Values, International Covenants, Jurisprudence, Learned Men, Lexicon, Life Liberty, Observance, Political Institutions, rights, Rule Of Law, Ruler, Spiritual Development

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