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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
(..1..)
International Human Rights
(Introduction)
QUESTION BANK
1. (a) Discuss the origin and development of Human Rights post World War II.
(b) Enumerate the classifications of Human rights.
2. Explain the concept and development of human rights in India.
3 (a)Explain the meaning and concept of Human Rights.
(b) Discus origin, development and classification of Human rights.
4. Define Human Rights. Enumerate and classify human rights.
5. (a) What do you understand by “Human Rigts’? Explain its nature.
(b) Enumerate the classifications of Human Rights. Explain the inter-relationship
between the different classes of Human rights.
6. Enumerate the classifications of Human Rights into first and second-generation rights.
7. (a) Discuss the origin and development of Human Rights.
(b) Enumerate the different classifications of Human Rights. Also, explain the nature of
Human Rights as understood in India.
8. The growth of the concept of the ‘Right of Man’ has been closely associated with various
theories to explained rights of man-Discuss.
Short Notes
1. Development of human rights.
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
2. Classification of human rights.
3. Origin of human rights.
SYNOPSIS
Table of Contents
I. Meaning and definitions of Human Rights:-.................. Error! Bookmark not defined.
a. According to the UN:-................................................ Error! Bookmark not defined.
b. According to Dr Durga Das Basu:-............................ Error! Bookmark not defined.
c. The Universal Declaration of Human Rights (UDHR), 1948, defines...............Error!
Bookmark not defined.
d. The Protection of Human Rights Act, 1993 (S. 2 (1) (d):-.......Error! Bookmark not
defined.
e. David Selby defined human rights as ........................ Error! Bookmark not defined.
II. Characteristics and nature of human rights:-................ Error! Bookmark not defined.
1. Human Rights are Inalienable - ................................. Error! Bookmark not defined.
2. Human Rights are necessary –................................... Error! Bookmark not defined.
3. Human Rights are in connection with human dignity– ............Error! Bookmark not
defined.
4. Human Rights are Irrevocable:.................................. Error! Bookmark not defined.
5. Human Rights are necessary for the fulfilment of the purpose of life: ..............Error!
Bookmark not defined.
6. Human Rights are Universal –................................... Error! Bookmark not defined.
7. Human Rights are never absolute –........................... Error! Bookmark not defined.
8. Human Rights are Dynamic –.................................... Error! Bookmark not defined.
9. Rights as limits to state power – ................................ Error! Bookmark not defined.
III. Origin and Development of Human Rights:- .............. Error! Bookmark not defined.
a. Ancient Period- .......................................................... Error! Bookmark not defined.
b. Middle Ages (12th to 19th Century):- ......................... Error! Bookmark not defined.
c. Origin traced in the documentary form:- ................... Error! Bookmark not defined.
d. Modern Concept and Universalization of Human Rights after Second World War :-
........................................................................................ Error! Bookmark not defined.
e. The International Bill of Human Rights:-.................. Error! Bookmark not defined.
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
IV. Classification of human rights: - ................................. Error! Bookmark not defined.
1. Civil and political rights:-.......................................... Error! Bookmark not defined.
2. Economic, social, and cultural rights:- ...................... Error! Bookmark not defined.
I. Meaning and definitions of Human Rights:-....................................................................3
a. According to the UN:-..................................................................................................4
b. According to Dr Durga Das Basu:-..............................................................................4
d. The Protection of Human Rights Act, 1993 (S. 2 (1) (d):-..........................................4
are possessed by every individual because they are human”. .........................................4
II. Characteristics and nature of human rights:-..................................................................4
1. Human Rights are Inalienable:- ...................................................................................4
2. Human Rights are necessary–......................................................................................4
3. Human Rights are in connection with human dignity:-...............................................5
4. Human Rights are Irrevocable:....................................................................................5
6. Human Rights are Universal –.....................................................................................5
7. Human Rights are never absolute –.............................................................................5
8. Human Rights are Dynamic –......................................................................................5
9. Rights as limits to state power – ..................................................................................5
III. Origin and Development of Human Rights:- ................................................................5
a. Ancient Period- ............................................................................................................5
b. Middle Ages (12th to 19th Century):- ...........................................................................6
c. Origin traced in the documentary form:- .....................................................................6
e. The International Bill of Human Rights:-....................................................................7
IV. Classification of human rights: - ...................................................................................7
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
I. Meaning and definitions of Human Rights:-
Human rights refer to a set of fundamental rights and freedoms which are inherent
to all human beings, regardless of nationality, race, ethnicity, gender, religion, or any
other status. These rights are considered universal, inalienable, and indivisible, meaning
they apply equally to every person and cannot be taken away.
The concept of human rights has evolved over centuries and is enshrined in various
international treaties, declarations, and documents.
There are various definitions of human rights. We will discuss a few of them.
a. According to the UN:-
“Human rights are those rights which are inherent in our state of nature and without
which we cannot live as human beings”.
b. According to Dr Durga Das Basu:-
“Human rights are those minimal rights, which every individual must have against
the State, or other public authority, by his being a member of the human family’
irrespective of any consideration.”
c. The Universal Declaration of Human Rights (UDHR), 1948, defines ‘human
rights’as “rights derived from the inherent dignity of the human person.”
d. The Protection of Human Rights Act, 1993 (S. 2 (1) (d):-
“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.”
e. David Selby defined human rights as “those rights which pertain to all persons
and are possessed by every individual because they are human”.
In short,, human rights refer to the "basic rights and freedoms to which all humans
are entitled." Human rights are those without which human beings cannot live with
dignity, freedom (political, economic, social and cultural), and justice in any nation
or state regardless of colour, place of birth, ethnicity, race, religion, sex, or any other
such considerations.
II. Characteristics and nature of human rights:-
We may lay down the following characteristics and nature of human rights from
the above definitions.
1. Human Rights are Inalienable:-
Human rights are conferred on individuals due to the very nature of their existence.
They are inherent in all persons irrespective of their religion, caste, creed, sex and
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
nationality. Human rights are conferred on individuals even after their death. The
different ceremonies in different religions bear testimony to this fact.
2. Human Rights are necessary–
In the absence of human rights, an individual's physical, moral, social and spiritual
welfare is impossible. They are also essential as they provide suitable conditions for the
material and moral upliftment of the people.
3. Human Rights are in connection with human dignity:-
Treating another individual with dignity irrespective of his being a rich or poor, male
or female, etc. is concerned with human dignity.
4. Human Rights are Irrevocable:
Human rights are irrevocable; therefore, any authority or power cannot take them
away. It is because these rights originate from the social nature of man in the society of
human beings. They belong to a person simply because he is a human being. As such,
human rights have similarities with moral rights.
5. Human Rights are necessary for the fulfilment of the purpose of life: -
Human life has a specific purpose. The term ‘human right’ applies to those conditions
essential for fulfilling that purpose. No, the government has the power to curtail or take
away these rights, which are sacrosanct, inviolable and immutable.
6. Human Rights are Universal –
Human rights are not a monopoly of any privileged class of people. Human rights are
universal in nature, without consideration and exception. Values such as divinity, dignity
and equality, which form the basis of these rights, are inherent in human nature.
7. Human Rights are never absolute –
Man is a social animal; he lives in a civic society. Society always puts certain
restrictions on the enjoyment of rights and freedoms. These are limited powers or claims
that are contributory to the common good and are recognised and guaranteed by the state
through laws.
8. Human Rights are Dynamic –
Human rights are not static but dynamic. They expand with political developments
and socio-eco-culture within the State. Judges have to interpret laws in tune with changed
social values.
9. Rights as limits to state power –
Human rights indicate that every individual has legitimate rights in his or her
society for certain freedoms and benefits. Therefore, human rights limit the state’s power.
These rights may be in the form of negative limits on the powers of the State, from
violating the inalienable freedoms of individuals, or like demands on the State, i.e.
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
positive obligations of the State.
III. Origin and Development of Human Rights:-
a. Ancient Period-
References to human rights and the duties of people are found in almost all major
ancient religious scriptures like Vedas, the Babylonian Code of Hammurabi, the Quran,
the Bible, and the Analects of Confucius, etc. These scriptures were based on the Golden
treat other people with the concern and kindness you would like them to show toward
you.
In India, the law was based on the principles of Dharma during this period. The
Epics Ramayana and Mahabharata taught for the advancement of all creatures. They
preached the concept of “Vasudhaiv Kutumbakam” (i.e., the whole world is one family).
They preached equality and dignity for humans. The teachings of the equality of Lord
Buddha were also based on non-violence and equality.
b. Middle Ages (12th to 19th Century):-
The ideological origin of human rights may be traced to the theory of Natural
Rights derived from the concept of Natural Law, as propounded by ancient Greek Stoic
Philosophers and further developed by Thomas Hobbes (1588-1679), John Locke (1632-
1704) and Rousseau (1712-1778).
As per natural law theory propounded by Thomas Hobbes, “all men are equal, and
each is dominated by the desire for self-preservation".'
The American and French Revolutions gave further impetus to the struggle for
human rights. The medieval period in India was ruled by Muslim rulers. Barring Akbar’s
rule, no importance was given to human rights and religious freedoms.
c. Origin traced in the documentary form:-
The transfer of abstract ideas regarding human rights and their relation to the will
of nature into concrete laws is exemplified best by various legal documents like the
Magna Carta (1215), the English Bill of Rights (1689), followed by the French
Declaration (1789) and the American Bill of Rights (1791).
The Magna Carta was granted by King John as protection against his arbitrary acts.
The first time the Magna Carta laid limitations on the King’s arbitrary powers granting
rights to the citizens. The American Bill of Rights has also played an important part in
the protection of the civil rights and liberties of all Americans.
The declaration served as the death knell on the old regime and introduced a new
1
is a biblical concept spoken by Jesus in Luke 6:31 and Matthew 7:12; it is commonly referred to as the
"Golden Rule."
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
social and political order founded on noble democratic ideas. These declarations served
as the basis for many constitutions framed in different countries. The basis of the
Constitution is the protection of the human rights of its citizens.
After the First World War, some attempts were made to establish human rights;
however, nothing significant could be achieved till the end of the Second World War.
d. Modern Concept and Universalization of Human Rights after Second World
War:-
In the true sense, the term 'human rights' came into usage after the Second World
War, particularly with the founding of the United Nations in 1945. The Second World
War saw brutal violations of human rights, and therefore, the world realised the
importance of protecting human rights. The United Nations was established by the
governments of many countries to protect international peace and prevent conflict.
On Dec. 10, 1948, the United Nations adopted the Universal Declaration of Human
to recognise and protect all men, women and children's civil, political, economic, social
and cultural rights. The declaration revolutionised international law; how a government
treats its citizens is a legitimate international concern and not simply a domestic issue.
The principles of the declaration are incorporated in the constitutions of most nations
include.
e. The International Bill of Human Rights:-
The Universal Declaration of Human Rights, 1948, was not a legally binding
document. It lacked enforcement. This deficiency was sought to be removed by the U.N.
General Assembly by adopting in December 1966 the two Covenants, viz, (1).
International Covenant on Civil and Political Rights, and (2) International Covenant on
Economic, Social and Cultural Rights. The two International Covenants, the Universal
Declaration and the Optional Protocols, comprise the International Bill of Human
Rights. It represents a milestone in the history of human rights. It is called the modern
Magna Carta of human rights. Many declarations and covenants took place thereafter to
protect human rights.
The modern period of India was initially ruled by the British. They did not
recognise any human rights of Indians. They try to suppress freedom fights with an iron
fist. However, it was after the Independence of India that the golden era in the field of
human rights started. The adoption of the Constitution was a landmark in Indian history.
Indian Constitution enshrines almost all the human rights mentioned in the various
international conventions, covenants and treaties. Several statutes were passed to protect
2 8 nations chose to abstain from voting.
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
equality and the rights of the poor, women, disabled and weaker sections of society.
IV. Classification of human rights: -
Human rights are inherent and interdependent of each other. All these rights are
equally important and inherent in all human beings, irrespective of their age, sex, caste,
creed, race, religion, location, or nationality. The Universal Declaration of Human Rights
did not precisely categorise human rights but mentions two kinds viz-
1. Civil and political rights:-
Civil rights protect a person's life and personal liberty and are necessary to
maintain dignity. These rights include the right to life, liberty, and security, the right to
privacy, the right to own property, freedom of thought, religion, and movement.
Political rights allow a person to participate in governmental activities. These
include rights like the right to vote and the right to be elected. The nature of such rights
is different, but they are interrelated.
These rights are also called first-generation rights and are derived from 17th and
18th-century theories related to the American, English, and French Revolutions. The
following civil and political rights are recognised in the Declaration of Human Rights by
the United Nations-
in government activities (Article 21).
2. Economic, social, and cultural rights:-
These rights are also called freedoms and guarantee a person the minimum
necessities of life. These rights are based on the concept of social equality and are second-
generation rights. The various economic, cultural, and social rights recognised by the
Universal Declaration of Human Rights are as follows. Right to social security (Article
28).
In many countries, these human rights are enshrined in the Constitution and
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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
protected by State action. The Indian Constitution in Part. III from Art. 12 to 35 enshrine
these principles.
*****
References-