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UN CHARTER
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Tanish
21/19
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ACKNOWLEDGMENT
We are extremely thankful to our Professor Ananya Rishi to give us an opportunity to work on
the topic of human rights which is primary for understanding the basis of international Human
Rights Law-Meaning, Concept and evolution of Human Rights. It is our firm belief that
without understanding the basic definitions and kinds of human rights, one cannot understand the
complex ways in which it evolved over hundreds of years and also one may not be able to
understand as to how the human rights are enforced or upheld or promoted throughout the globe
through United Nations and the like agencies.
We have taken extreme care during the preparation of this project, and we consulted various
books and websites. Still, some errors might have crept into due to lack of knowledge on our
part, or unknowingly. Apologies are sought for the same.
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TABLE OF CONTENTS
SNO. CONTENT PAGE NO.
1. Concept of human rights 4
2. Meaning of human rights 5
3. Definition of human rights 6
4. Characteristics and nature of human rights 6
5. Evolution of human rights 8
6. Classification human rights 11
7. Evolution of International Human Rights 12
8. Human rights and UN Charter 15
9. Bibliography 17
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CONCEPT OF HUMAN RIGHTS
International Law was solely concerned with States in the classical period which was influenced
by the theory of State sovereignty. The view was based on the thesis that only States create rules
of International Law, and as such, rules are valid for them alone. Thus, no place was left for the
individuals, and therefore, they had no legal significance from the International Law point of
view. Individuals were related to one State through the bond of citizenship or nationality, and
this stood in relation to other States in the role of aliens. If an injury was caused to an individual
it was the State (to which the individual belonged) alone which owed the responsibility under
International Law to another State. Even in those cases where individuals enjoyed certain rights
and duties in conformity with, or according to International Law such as the rights enjoyed while
on foreign territory by Heads of State, diplomatic envoys and even private citizens-those
individuals have not thereby become subjects of International Law. Rights in question were
enjoyed by the individuals concerns not as rights in International Law but as rights derived from
national law.
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MEANING OF HUMAN RIGHTS
Human beings are born equal in dignity and rights. These are moral claims which are inalienable
and inherent in all individuals by virtue of their humanity alone, irrespective of caste, color,
creed, and place of birth, sex, cultural difference or any other consideration. These claims are
articulated and formulated in what is today known as human rights. Human rights are sometimes
referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.
Thus, there is universal acceptance of human rights in principle in domestic and international
plane. Human rights is a generic term and it embraces civil rights, civil liberties and social,
economic and cultural rights. It is therefore difficult to give a precise definition of the term
'human rights'. However, it can be said that the rights that all people have by virtue of their
being human are human rights. These are the rights which no one can be deprived without a
grave affront to justice. There are certain deeds which should never be done, certain freedoms
which should never be invaded, something which are supremely sacred. Rights being
immunities denote that there is a guarantee that certain things cannot or ought not to be done to
a person against his will. According to this concept, human beings, by virtue of their humanity,
ought to be protected against unjust and degrading treatment. In other words, human rights are
exemptions from the operation of arbitrary power. An individual can seek human rights only in
an organized community, i.e., a State, or in other words, where the civil social order exists. No
one can imagine to invoke them in a state of anarchy where there is hardly any just power to
which a citizen can appeal against the violations of rights. Thus, the principle of the protection
of human rights is derived from the concept of man as a person and his relationship with an
organized society which cannot be separated from universal human nature.
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DEFINITION OF HUMAN RIGHTS
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. Durga Das Basu‟s
definition brings out the essence of human rights.
The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as
“rights derived from the inherent dignity of the human person.” Human rights when they
are guaranteed by a written constitution are known as “Fundamental Rights” because a
written constitution is the fundamental law of the state.
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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 without exception. The 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 and he lives in a civic society, which always put certain
restrictions on the enjoyment of his rights and freedoms. Human rights as such are those
limited powers or claims, which are contributory to the common good and which are
recognized and guaranteed by the State, through its laws to the individuals. As such each
right has certain limitations.
8. Human Rights are Dynamic –
Human rights are not static, they are dynamic. Human rights go on expanding with socio-
eco-cultural and political developments within the State. Judges have to interpret laws in
such ways as are in tune with the changed social values. For eg. The right to be cared for
in sickness has now been extended to include free medical treatment in public hospitals
under the Public Health Scheme, free medical examinations in schools, and the
provisions for especially equipped schools for the physically handicapped.
9. Rights as limits to state power –
Human rights imply that every individual has legitimate claims upon his or her society
for certain freedom and benefits. So human rights limit the state’s power. These may be
in the form of negative restrictions, on the powers of the State, from violating the
inalienable freedoms of the individuals or in the nature of demands on the State, i.e.
positive obligations of the State. For eg. Six freedoms that are enumerated under the right
to liberty forbid the State from interfering with the individual.
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THE EVOLUTION OF HUMAN RIGHTS
The evolutions of human rights have taken place over centuries. Man had to struggle hard in
order to achieve the ultimate goal – living with dignity – which still has to be realized in various
societies. India itself is an example where women, children, dalits, bonded labourers, etc, is
trying hard to be a part of mainstream. Inspite of all these, the world recognized the U.N.Charter
of 1945 which states that human rights are inalienable aspect of mankind. The 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 and
John Locke. The American and French Revolution gave further impetus to the struggle of human
rights. The evolution and development of human rights in the international context can be traced
to the Magna Carta and the English Bill of Rights followed by the French Declaration and the
American Bill of Rights.
The twentieth century witnessed the crystallization of the philosophy of Human Rights when the
United Nations adopted the UN Charter, 1945, The Universal Declaration of Human Rights,
1948 and the International Covenants on Human Rights with further emphasis to protection of
rights of Women, Abolition of Slavery, Racial Discrimination, Civil and Political Rights,
Economic, Social and Cultural Rights and most importantly the Rights of children.
In India the drafters of Constitution took care to incorporate Human Rights for its own citizens as
well as for the aliens. India got its independence in the year 1947, just a year before the UDHR
was adopted. The founding fathers of Indian constitution were all aware that India‟s freedom
struggle had taken place in the context of the demand for basic human rights. Yet economic
backwardness of the country would make it impossible to immediately satisfy all the aspirations
of people. So, they adopted a pragmatic approach. They described certain rights as “fundamental
rights” and laid down certain other rights as fundamental duties of a citizen were also
enumerated.
The Supreme Court of India is the guarantor of the rights according to the Constitution. The
court takes into account fundamental duties while interpreting the constitutional right. The
important landmarks in the progress of human rights are as follows:
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2. The English Bill of Rights, 1689:
The next source and avenue of the development of the philosophy of human rights is the
English Bill of Rights, enacted on December 16, 1689, by the British Parliament. The
British Parliament declared its supremacy over the Crown in clear terms. The English Bill
of Rights declared that the king has no overriding authority. The Bill of Rights codified
the customary laws, and clarified the rights and liberties of the citizens. It lays down the
twin foundations, viz., the supremacy of the law, and the sovereignty of the nation, upon
which, the English constitution rests.
3. American Declaration of Independence, 1776:
The first colonies to revolt against England were the thirteen States of America. These
states declared their independence from their mother country on 4th July 1776. The
declaration charges the king with tyranny and affirms the independence of the American
colonies. The declaration of independence has great significance in the history of
mankind as it justified the right to revolt against a government that no longer guaranteed
the man‟s natural and inalienable rights.
4. The U.S. Bill of Rights, 1791:
The U.S. Constitution was enacted on 17th September 1787. The most conspicuous
defect of the original constitution was the omission of a Bill of Rights concerning private
rights and personal liberties. Madison, therefore proposed as many as twelve amendments
in the form of Bill of Rights. Ten of these were ratified by the State legislatures. These
ten constitutional amendments came to be known as the Bill of Rights. The overall theme
of the Bill of Rights is that the citizen be protected against the abuse of power by the
officials of the States.
5. The French Declaration of the Rights of Man and of the Citizen, 1789:
The fall of Bastille and the abolition of feudalism, serfdom and class privileges by the
National Assembly ushered France into a new era. On 4th August 1789, the National
Assembly proclaimed the Rights of Man and of the Citizens. The Rights were formulated
in 17 Articles. The Declaration of the Rights of Man and of the Citizen has far reaching
importance not only in the history of France but also in the history of Europe and
mankind. The declaration served as the death warrant for the old regime and introduced a
new social and political order, founded on the noble and glittering principles. Further the
declaration served as the basis for many Constitutions, framed in different countries,
where the framers gave top priority to human rights.
6. Declaration of International Rights of Man, 1929:
After World War I, questions about human rights and fundamental freedoms began to be
raised. In 1929, the Institute of International Law adopted the Declaration of International
rights of Man. The Declaration declared that fundamental rights of citizen, recognized
and guaranteed by several domestic constitutions, especially those of the French and the
U.S.A constitutions, were in reality meant not only for citizens of the states but for all
men all over the world, without any consideration.
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7. The UN Charter, 1945:
The United Nations Charter was drafted, approved and unanimously adopted by all the
delegates of the 51 states, who attended the United Nations Conference at San Francisco.
The UN Charter contains provisions for the promotion and protection of human rights.
The importance of the Charter lies in the fact that it is the first official document in which
the use of „human rights‟ is, for the first time traceable and which also recognized the
respect for fundamental freedom.
8. The Universal Declaration of Human Rights, 1948:
The Universal Declaration of Human Rights was adopted by the General Assembly of the
United Nations on 10th December, 1948. The Declaration consists of 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.
9. International Covenants on Human Rights:
The Universal Declaration of Human Rights, 1948 was not a legally binding document. It
lacked enforcements. This deficiency was sought to be removed by the U.N. General
Assembly by adopting in December, 1966, the two Covenants, viz, International
Covenant on Civil and Political Rights and International Covenant on Economic, Social
and Cultural Rights.
The two International Covenants, together with the Universal Declaration and the Optional
Protocols, comprise the International Bill of Human Rights. The International Bill of Human
Rights represents a milestone in the history of human rights. It is a modern Magna Carta of
human rights.
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CLASSIFICATON OF HUMAN RIGHTS
Human rights can be broadly classified on five bases. They are:
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EVOLUTION OF INTERNATIONAL HUMAN RIGHTS
The Concept of human rights is as old as the human race. These rights have their roots in
antiquity. The roots for the protection of the human rights may be traced as far back as in the
Babylonian laws, Assyrian laws and in the dharma of the Vedic period in India. Writings of the
Plato and other Greek and Roman Philosophers also depict for the protection of human rights
though they had a religious foundation.
The Magna Carta granted by King John of England to the English barons on June 15, 1215
ensured feudal rights and dues and to guarantee that the King would not encroach upon their
privileges. The Carta was buttressed in 1628 by the Peririon of Rights.
The concept of human rights is as old as the ancient doctrine of natural rights founded on natural
law, the expression human rights is of recent origin and has emerged after the Second World
War. The fact is that certain rights of man existed in the ancient period which was known as the
natural rights or divine rights. These rights find place in all ancient societies though they were
known by different names.
The doctrine of natural rights had greatly influenced the drafting of British Bill of Rights
(1689), Declaration of Independence (1776) and Declaration of Rights of Man and Citizen
(1789) and formed part of the U.S. Constitution. The doctrine of natural rights viewed man as a
self determining and self directing agent living in an environment that offered him ample
resources and opportunities to the pursue their own goals.
The human rights were referred to as civil rights, political rights, personal rights, legal rights,
economic and social rights and natural or divine rights in ancient period. The names and the
classification of rights kept on changing with the passage of time. Generally, it is believed that,
―the concept of human rights is western and that the origin of the concept of human rights in
theworld history found its expression in Magna Carta of 1215.
In India, Swami Vivekananda long back expressed, ―implementation of the principles of social
justice and human rights for establishing a welfare State in the true Indian sense, to diminish gap
between the high and the low was necessary. The human rights in the form of Dharma can also
be traced in Arthasastra of Kautilya and Manusmriti of Manu, which laid down legal
jurisprudence in ancient India.
Although some authors proclaim and defend the monopoly of western civilization on the
development of the concept of human rights, the human rights consciousness has remote origins
and developed with contributions from different schools of thought, especially those based on
different religions, philosophies and law schools (Beitz 2009). With this perspective, it is
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possible to identify a first historical stage in the origin and development of human rights in
religious and classical philosophical trends on natural rights, which recognized people as
endowed with innate, absolute, universal and inviolable rights. What cannot be denied is that
Western Civilization manifested a greater articulation and juridical-political implementation of
religious-philosophical ideals.
The leading religious traditions, like Hinduism, Judaism, Buddhism, Confucianism, Christianity
and Islam, in spite of their differences, contradictions and conflicts, share the same vision of and
commitment to respecting the dignity of all people and the resultant task of fraternity, solidarity
and protection of the defenseless and least protected.
Diverse philosophical traditions, sharing a rational perspective and not religious elements, also
made significant contributions to developing the consciousness of the universality of human
rights, by developing concepts of human nature, natural law, natural rights, social justice, moral
responsibility and the role of governments in the defense and protection of their citizens ’rights.
Among these traditions, those that stand out are the schools of moral Confucian philosophy in
China, the Babylonian school promoted by Hammurabi, and the different philosophical schools
of Egyptian, Hindu and Persian civilizations.
There are also concepts similar to these philosophical schools of thought found in African and
pre-Columbian American oral traditions and civilizations with regard to issues of human
dignity, social justice and the protection of individuals against the arbitrary use of power and
abuses by political authorities . These elements, which were present in ancient philosophies,
were added to Western philosophies, with special emphasis on concepts of moral justice that
transcends particular circumstances and political systems, and the need to respect the human
nature of each individual. These concepts were already developed by classical Greek
philosophers, including Plato and Aristotle, as were the concepts of natural law and human
dignity. The notion of universal justice is based upon these concepts developed by Roman Stoic
philosophers, including Cicero and Justinian. As was already mentioned, all these schools had
greater impact than their predecessors by better articulating their philosophies and legal
concepts and implementing them in public life.
While religious and philosophical doctrines enriched the theoretical dimension of human dignity
and consequent universal responsibilities and obligations, the concrete practice of these concepts
and their application in the political, economic, social and intellectual arenas over centuries
generated theoretical and practical changes that translated into laws in different civilizations.
Among them, it is necessary to mention Hammurabi’s Code and the remarkable legal body
developed by Roman law that distinguished Ius Gentium (law of peoples) from Ius Naturae
(natural law). According to them, the laws of peoples derive from the nature of peoples
themselves and not from the state. They also establish specific responsibilities and universal
rights that are extended to each and every human being, members of a worldwide community
understood as an “all”.
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During Medieval Times, Catholic theologians and philosophers strengthened the consciousness
of the universality of human dignity and equality, based on natural law, in Western civilization.
In this context, the contributions of Saint Augustine and Saint Thomas Aquinas were
fundamental to developing a synthesis of elements from classic Greek philosophy and
Christianity based on the theory of natural law, which recognizes the individual rights of each
person independent of the state to which he or she belongs.
A second stage, in which there was a monumental advance in the vision and consciousness of
human rights, would be identified by the five centuries that comprise the Renaissance,
Reformation and the formation of national states, entering into the Enlightenment, the
independence of the United States of America and the French Revolution. During this time,
from a rational and enlightenment philosophy and an ius naturae legal perspective, individual
rights and freedom were privileged, and in some cases became absolute. In this context, the ius
naturae contributions of Erasmus of Rotterdam stand out. He wrote about concepts of justice,
equality and individual liberty as natural rights, which the state was obligated to protect and
citizens to respect. Francisco Suárez and Hugo Grotius also deserve special mention. Suárez
explored the universality of natural law and the uniting nature of the law of peoples. Grotius
examined independence and natural law with respect to a given political or religious power and
the resultant need to recognize the natural rights of all people who, because of their shared
humanity, should be treated in a just and equal manner, independent of their religious or civil
status.
Subsequently, John Locke highlighted the natural rights to life, liberty and private property,
which should be protected by governments (Locke 1947). Jean-Jacques Rousseau, Voltaire,
Denis Diderot and Montesquieu wrote on the natural, inalienable and unalterable rights of all
people to equality, liberty and solidarity, which governments must pledge to protect and respect
through a social contract.
Through them, natural law, which deals with human rights and is therefore confined to the field
of ethics and political philosophy, entered into the realm of positive rights, which become
effective through laws and legal systems.
This third stage of human rights development has continued the consolidation of human rights
in international and domestic law inspired by the 1948 Declaration. The Charter of the United
Nations, containing in its preamble not the traditional language of plenipotentiary nation-states
but of the “peoples of the United Nations,” announced peacekeeping and the security of peoples
to be the primary functions of the new organization. Its first article proclaimed universal respect
for fundamental human rights and liberties as indispensable conditions to peace and security. In
this manner, the UN Charter bound itself to the issues of security and peace, universal respect
forhuman rights and, by definition, constraints on sovereign power.
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HUMAN RIGHTS UNDER THE UN CHARTER
At the San Francisco Conference it was expressed by several delegates that the United Nations
should establish an International Bill of Rights. Although that could not be done, it was well
realised by the members that it should be the obligation of the international community to
cooperate in eradicating the scourge of war, and they were therefore determined that the
promotion and respect for human rights which at present constitute so important and so
conspicuous be an integrated part of the UN Charter. The result was that the Charter contained a
number of provisions for the protection of human rights and fundamental freedoms in the
Preamble and in Articles l, 13 (b), 55, 56, 62(2),‟and 76 as follows :
1) The Preamble of the Charter in its first substantive paragraph laid down that ‟we the
peoples of the United Nations determined to reaffirm faith in fundamental human rights,
in the dignity and worth of the human person, in the equal rights of men and women and
of nations large and small ‟
2) Para 3 of Article 1 of the Charter provided that the achievement of international co-
operation in promoting and encouraging respect for' human rights and for fundamental
freedoms for all without distinction as to race, sex, language or religion shall be one of
the purposes of the United Nations. The above provision shows that the desirability of
promoting and encouraging respect for human rights and fundamental freedoms‟
without distinction as to race, sex, language or religion was generally recognised. There
was a general agreement that all human beings are entitled to some basic rights. It
marked the birth of the international and universal recognition of human rights.
However, despite the differences as to what rights and freedoms are, the achievement of
the maximum freedom and dig,“ of the human beings was the primary aim of the United
Nations.
3) The General Assembly and the Economic and Social Council were given the task for the
realisation of the promotion of human righh and hmdamental freedoms. By the terms of
Article 13, the gcneral Assembly was empowered to initiate studios and make
recommendations for the purpose of assisting in the realisation of human rights and
fundamental freedoms for all without distinction as to race, sex, language br religion.
Most of the items relating to human rights are considered by the Assembly‟s Third
Committee (Social, Humanitarian and Cultural Committee), but others may be referred
to other Committees such as the Sixth Committee (Legal) or the First Committee
(Political and Security) or the Special Political Committee. The Assembly has also
established subsidiary organs for dealing with issues relating to specific human rights
such as Special Committee on Decolonization, the Special Committee on Apartheid and
the Special Committee to Investigate Israeli Practices in the Occupied Territories.
4) Article 55 provided that the United Nations shall promote : (a) higher standards of
living, full employment and conditions of economic and social progress and
development;
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(b)solutions of international economic, social, health and related problems, and
international cultural and educational cooperation; and (c) universal respect for, and
observance of, human rights and fundamental freedoms for all without distinction as to
race, sex, language or religion. It is to be noted that Article 55 is not self-explanatory.
Wordings of the Article suggest that human rights are limited to those subjects which are
mentioned in paragraph (c), and the subjects in paragraphs (a) and (b) are not rights at all
but only policies that should be promoted.
5) Article 56 provided that the members of the United Nations pledged themselves to take
joint and separate action in co-operation with the Organisation for the achievement of the
purposes set forth in Article 55.
6) Article 62 of the Charter authorized the Economic and Social Council to ‟make
recommendations for the purpose of promoting respect for, and observance of, human
rights and fundamental freedoms for all.
7) Article 68 directed the Council to set up commissions in economic and social fields and
for the promotion of human rights, and such other commissions as may be required for
the performance of its functions. The Commission on Human Rights and the
Commission on the Status of Women are the subsidiary bodies of the Economic and
Social Council.
8) Para (c) of Article 76 stipulated that one of the basic objectives of the trusteeship system
is to encourage respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language or religion, and to encourage recognition of the
interdependence of the peoples of the World.
In addition to the above provisions, the Charter has referred repeatedly the concept of
‟fundamental human rights‟, ‟the dignity and worth of the human person‟, ‟equal rights‟,
‟justice', ‟social progress" and fundamental freedoms. The Charter devoted three Chapters to the
self-determination of peoples.
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BIBLIOGRAPHY
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