Origin and Development of Human Rights

Origin and Development of Human Rights

Origin and development of human rights means all the rights which are inherent in their nature and without such rights they cannot live as human beings. Human Rights Day is celebrated on the 10th of December.

Origin and development of human rights can be seen in the year 539 BC i.e. the time of Ancient Greece. And, the formal development of Human Rights Law has taken centuries to evolve. In the 13th century, the Charter of Magna Carta was the first of its kind document to introduce the term Human Rights.

Human rights are classified into three categories which include;

1. Human Rights Incorporated in The International Convent on Civil and Political Rights, 1966,
2. The International Covenant on Economic, Social and Cultural Rights 1966, and
3. The Collective Rights, 1966.

Meaning of Human Rights

Meaning of human rights can be defined as all those rights which are inherent in their nature and without which they cannot live as human beings. However, the origin and development of human rights can be found in the Ancient Greece period. Human beings are essential for the development of individual personality and dignity and human qualities, intelligence, talent and good conscience and to enable them to satisfy spiritual and other higher demands.

The human rights are derived from the principle of natural law. They are neither derived from the social order nor conferred upon the individual by society.

Human rights are the rights that a human being has by virtue of whatever characteristics he has that are both specifically and universally human.

Some of the common human rights are shown below;

1. Right to Life,
2. Right to Privacy,
3. Right to Liberty,
4. Right to Freedom of Speech and Expression,
5. Right to Clean Air,
6. Right to Food,
7. Right to clean drinking Water, and
8. Right to Vote,

Origin of Human Rights

The concept of human rights is not very modern. The origin and development of human rights can be seen in the Charter of Magna Carta. This was the first written document introducing the origin and development of human rights.

Origin and development of human rights can be discussed on two bases i.e.

1. National Human Rights, and
2. International Human Rights

National Human Rights

The concept of national human rights got its breed to originate and developed in the form of religion in different States of the nation and at different times. The conception of national human rights originated in the ideas of mercy, kindness and pity on human beings in various scriptures.

International Human Rights

The concept of international human rights got its breed to originate and developed in the form of religion in different countries and at different times. The conception of international human rights originated in the ideas of mercy, kindness and pity on human beings in various scriptures.

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Origin and development of human rights can be discussed in two fields i.e.

1. Religious Field,
2. Philosophy Field.

Religious Field

In the Religious field all the religions namely Hinduism, Christianity, Islam, Sikhism, Judaism, Buddhism, and Confucianism although possessing polychromatic perspectives about human rights rest upon one single conclusion of respect and dignity which ultimately results in maintaining brotherhood, unification, solidarity and protection of all individuals

Though this concept was love and harmony inclusive but not revolution oriented moreover this concept does not highlight any shred of freedom, or expression of opinion which is perhaps the fundamental requirement of this generation.

Philosophy Field

Philosophy field is the idea that is mostly accepted and most fascinated by this present generation this field originated by Western thinkers who spent their whole life in getting people out of their pre-modal identity, an identity

• To be suppressed
• To be rendered helpless
• To have no opinion
• To have no objections to the rules and regulations
• To have no voice against the wrong done to them and society
• To have no voice against exploitation

Philosophers and freedom fighters like Mahatma Gandhi (1869 –1948), Abraham Lincon (1809 – April 15, 1865), Eleanor Roosevelt (1884 –1962), César Chávez (1927–1993), Nelson Mandela (1918 –2013), Martin Luther King Jr. (1929 –1968)Desmond Tutu (1931–2021), Oscar Arias Sánchez (b. 1940)Muhammad Yunus (b. 1940), José Ramos-Horta (b. 1949), ignited the minds of masses to fights for their rights like individual rights, justice, individual liberty and the citizenship of the people under the protection of State and such developments were the fragments of five-century transformation which composed of

1. Renaissance (1350 until the year 1400)
2. The Reformation and the formation of national states
3. Entering into the Enlightenment
4. The independence of the United States of America (1776)
5. French Revolution (1789)

Firstly, the origin and development of human rights can be found back to the times of Ancient Greece. In Antigone, a Greek play, human rights are reorganised as the natural rights of the human being.

The short story of the Antigone play is, Antigone’s brother, while he was rebelling against the king and he was killed and his burial was prohibited by the king. Antigone buried her brother in defiance of the King’s prohibitory order. Later, she was arrested. Her defence was that she had acted in accordance with “Immutable unwritten laws of heaven” which even the king had no authority to break the unwritten laws of heaven.

Philosopher Stoic developed the “Natural Law Theory” and explained the nature of human rights first. According to Stoic Philosophy, human rights were such rights that every human being possesses by virtue of being a human. But, it is said that even before the formulation of natural law theory, the Greek City States originally enjoy the same basic right;

1. the freedom of speech (Isogoria)
2. the right to equality before the law (Isonomia)
3. the right to equal respect for all (Isotimia)

However, the theory of natural law was formulated after the breakdown of the Greek City States.

Philosopher Stoic claims that the principles of natural law were universal in their application. The principles of natural human rights over universal throughout the world.

The Philosopher Cicero (106 – 43 BC) also believe that the Natural Law Theory for universal acceptance and unchanging and everlasting and as a result the origin and development of human rights.

The Middle Ages

During the era of the middle ages, notable thinkers like Albert (1079 – 1142) and Thomas (1224 – 1274) developed the Theory of Natural Law as a higher principle of the law to be derived from reason.

But, neither of the two makes the human personality the main focus of law and social life. However, Thomas Acquins believed in and favoured the existence of slavery.

Swain J.E. commented notes “This approach later become one of the greatest obstacles to the law relating to the protection of human rights.”

However, during Renaissance there began a steady decline of feudalism, and their new beliefs replaced the old beliefs. Because, of the Renaissance movement, the concept of individual freedom was out of the natural law. Those, ideas like Liberty, Right to Equality to private property were slowly begin accepted.

This change was a consequence of the ideology of Acquins (1224 – 1274), Hugo and Grotius and others including the proclamation of the Magna Carta (1215). The period of the Magna Carta is often considered to be the source of human rights.

However, it was not really so. The Magna Carta was only a deed of compromise upon the allotment of powers between King John and his subjects. The Parliament of the United Kingdom had fought against King John and out of this struggle had emerged the Bill of Rights. In this Bill of Rights, there are no specific provisions of human rights though the Bill of Rights contains certain matters which are relating to the origin and development of human rights.

Also, The American Declaration of Independence, 1776 clearly declared that all human beings are equal before the law.

At the end of the 18th century and at the beginning of the 19th century certain laws, eliminating the institution of slavery were enacted. The League and Nations put a ban on slavery in 1926. The red cross was formed in the year of 1863 for the protection of human rights.

In the Charter of the League of Nations, there was no provision for human rights. The Charter has directed its members of States to adopt a humanitarian approach in all matters relating to women and children.

After the First World War

After the first world war, some attempts were made to promote and universalise human rights. The Treaty of Versailles was entered into but it did not have any impact. This treaty was entered into because it was felt that the human rights of individuals must be protected against violation by one’s own country. A private organization, the Institute of International Law, took steps to formulate the provisions of human rights.

After Second World War

During the Second World War, the world had seen the horror of war and unleashing of nuclear weapons made future wars seem much more dangerous and dreadful. And, the development to become an important agenda of the post-Second World War Internation Community.

At the San Francisco conference held on 25th 26th June 1945, the charter of the United Nations was finalized. In this Charter, there were incorporated numerous provisions relating to the protection and promotion of Human Rights.

The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on 10th December 1948. This paved the way for the preparation of other documents on human rights like the International Covenant on Civil and Political Rights,1966, and the International Covenant on Economic Social and Cultural Rights, 1966.

Frequently Asked Questions

Conclusion

Origin and development of human rights can be seen in the year 539 BC i.e. the time of Ancient Greece. And, the formal development of Human Rights Law has taken centuries to evolve. In the 13th century, the Charter of Magna Carta was the first of its kind document to introduce the term Human Rights.