Name- Rashi shukla
Email- Rashi.shukla.23.01@gmail.com
Contact number- 9893377870
Name of college- KIIT School of Law
Class of student- B.A.LLB , 2nd year, 4th semester
HUMAN RIGHTS AND RULE OF LAW: CORRELATION
INTRODUCTION
This paper considers many explanations for the international human rights movement's sharp
heightened attention to rule of law. The human rights movement has progressively get contact
with abstract, normative and political challenges. Perhaps, rule of law are going to be a "fruitful
principle to guide United States of America towards agreement and result" and "a criterion for
United States of America in spreading the culture of human rights" we tend to still sleep in a
world wherever widespread human rights violations square measure the norm instead of the
exception. Rule of law is seen as directly integral to implementation of rights. As outlined by the
United Nations Secretary-General, the rule of law needs that legal processes, establishments and
substantive norms square measure in keeping with human rights, together with the core
principles of equality underneath the law, responsiveness before the law and fairness within the
protection and vindication of rights. there's no rule of law among societies if human rights don't
seem to be protected and vice versa; human rights can not be protected within the society while
not a powerful rule of law. The rule of law is that the implementation mechanism for human
rights , turning them from a principle into a reality. The rule of law and human rights square
measure 2 sides of an equivalent principle, the liberty to measure with dignity. The rule of law
Associate in Nursing human rights so has an in-discrete and intrinsic relationship. This intrinsic
relationship has been totally recognized by member states since the adoption of the universal
declaration of human rights, during which it's explicit that it's essential , 'if man isn't to be
compelled to own resources, as a final resort, to rebellion against tyranny and oppression, that
right ought to be protected by rule of law. Efforts to implement rule of law square measure
seemingly to boost the standard of life for many individuals and to more the goals of the
international human rights movement each directly and indirectly. we tend to ought to
approach rule of law and its role in the implementation of human rights with less vanity
and additional modesty, however not abandon our general commitment to what's on balance, on
the total, a noble ideal
HISTORICAL EVOLUTION OF HUMAN RIGHTS
Human rights square measure the rights that belong to a private or cluster of people merely for
being human, or as a consequence of inherent human vulnerability, or as a result of they're
requisite to the likelihood of a simply society. no matter their theoretical justification, human
rights consult with a good time of values or capabilities thought to boost human agency or
defend human interests and declared to be universal in character, in some sense equally claimed
for all masses, gift and future. it's a typical observation that masses all over need the conclusion
of numerous values or capabilities to make sure their individual and collective well being. It is
also a typical observation that this demand whether or not formed or expressed as an ethical or a
legal demand is commonly painfully annoyed by social likewise as natural forces, leading to
exploration, oppression, ill-usage and different kinds of deprivation. Deeply non-moving in
these twin observations square measure the beginnings of what these days square measure
known as "human rights" and therefore the national and international legal processes related to
them. The thought of right began the beginning of the civilization on this earth. The individual so
as to measure with happiness, wants the rights to sleek his/her life. From the start of human
history man struggled for his existence against nature and for liberty and freedom although these
struggles for achieving basic freedom. This struggle made-up the thanks to the thought of human
rights. the foremost distinctive feature of human rights is that it's troublesome to outline however
not possible to ignore. Human rights denote all those rights that square measure inherent in our
nature and while not that humans cannot live. These rights square measure indispensable for the
human dignity that they will fancy from birth to death. The rule of law and therefore the
protection of human rights square measure necessary for a democracy to perform, to exist
essentially. this is often as a result of in an exceedingly democracy the individuals square
measure the sovereign and thence govern themselves. For this democratic governance, the voters
should agree in democratic processes on the foundations and law. However, if as an example
rules of straightforward majority apply, there's the danger of a "tyranny of the majority" violating
the wants of some individuals over others/ minorities.
The thought of "Rule of Law" is that the building block on that the fashionable democratic
society is based. For the sure-fire functioning of the polity it's imperative that there's social
control of law and of all contracts supported law. Laws square measure created for the welfare of
the individuals to take care of harmony between the conflicting forces in society. one in all the
prime objects of constructing laws is to take care of law and order in society and develop a
peaceful setting for the progress of the individuals. The thought of Rule of Law plays a vital role
during this method.
The term "Rule of Law" First comes from the French phrase 'La Principe de Legality' (the
principle of legality) that refers to a government supported principles of law and not of men.[1] in
an exceedingly broader sense Rule of Law implies that Law is supreme and is higher than each
individual. No individual whether or not if he's wealthy, poor, rulers or dominated etc square
measure higher than law and that they ought to adapt it. in an exceedingly narrower sense the
rule of law implies that government authority might solely be exercised in accordance with the
written laws, that were adopted through a longtime procedure. The principle of Rule of Law is
meant to be a safeguard against discretionary actions of the govt authorities.[2 ] The rule of law
has been delineate as a "rare and variable principle of our political tradition". The rule of law
centrally contains "the values of regularity and restraint, embodied within the catchword of "'a
government of laws, not men'". The term Rule of Law doesn't give any factor regarding however
the laws square measure to be created, or something specific just like the basic Rights or the
Directive principles or equality etc. however it provides for 2 basic ideas that's Law should be
obeyed by the individuals which the law should be created in such the simplest way that it's
ready to guide the behavior of its subjects. totally |completely different legal theorists have
different approaches towards the thought of Rule of Law. Some believe that the rule of law has
strictly formal characteristics, which means that the law should be publically declared, with
prospective application, and possess the characteristics of generality, equality, and certainty,
however there aren't any needs with respect to the content of the law. whereas different legal
theorists believe that the rule of law essentially entails protection of individual rights. among
legal theory, these 2 approaches to the rule of law square measure seen because the 2 basic
alternatives, severally labelled the formal and substantive approaches.
Human rights in ancient period
1
Rule of law< https://en.wikipedia.org/wiki/Rule_of_law>
2
Origin and concept of rule of law:2nd feb 2018< https://www.lawteacher.net/free-law-essays/administrative-
law/origin-and-concept-of-rule-of-law-administrative-law-essay.php>
Human rights don't seem to be a contemporary development. It's the results of a protracted
method of evolution. right is incredibly abundant the merchandise of history and civilization and
per se is subject to evolution and alter. The thought of human rights is found all told cultures
however in numerous forms the least bit times and all told ages right from the start there was
oppression of masses by masses resulting in struggles , revolutions, restoration and protection of
human rights. In history and ancient scriptures there square measure references to the essential
human rights. The liberal tradition of human rights was developed primarily within the west. In
medieval Europe rights were the privilege of solely special cluster of individuals just like the
social structure lords, the barons, slave homeowners etc..The people had no rights some and were
obsessed on the wimps and fancies of their masters. individuals with power seldom
acknowledged the rights of these while not power. Throughout history people that suffered from
oppression and discrimination had to struggle laborious to realize their rights[3]. But such
struggles made-up the means for the evolution of human rights and conjointly helped in
enlarging the scope of rights. The Anglo saxon contribution to human rights is noticeable.
Recognition to human freedom emerged from the contract between rulers and social structure
lords. for example the contract created by king Alphonso in 1088 with the social structure
assembly of the dominion of leon enclosed a series of rights: the rights of a defendant to an
everyday trial and therefore the rights to the inviolability of life, honor, home and property. the
foremost known of such contract was that exacted by the social structure barons, from King
John, komenly called the Magna Charta or nice charter of 1215. The social structure document
conceded personal and freedom to the barons reciprocally of their obedience to the king. even
supposing it didn't affirm the rights and liberties of all, nevertheless it gave expression to the
concept of individual freedom and have become the image of an equivalent for hundreds of years
to return. Clause thirty-nine of the charter explicit that no free man shall be taken or captive or
exiled or in any means destroyed, except by the lawful judgment of his peers or (and) the law of
land.
The idea of rights continued to inspire the individuals within the nineteenth century called the
age of nationalism and liberalism. The abolishment of slavery, manufactured legislations,
3
Hystorical evolution of human rights world wide and in india<
http://www.academia.edu/10421419/HISTORICAL_EVOLUTION_OF_HUMAN_RIGHTS_WORLD_WIDE_AND_IN_IN
DIA>
standard education unionism, the universal franchise movement and different samples of the
nineteenth century reformist zeal afford ample proof to the influence of the thought of human
rights. it absolutely was solely when warfare one that institutional kind was given to right. the
most important trends within the twentieth century just like the institution of the league of
countries established at the top of the globe war tried to guard human rights between 1919 and
1939 encompassing primarily minority rights, labor rights and rights of people in mandated
territories. The eruption of warfare II in 1939 modified the world's perspective The Nazi
expertise and therefore the holocaust disclosed the horror that might lead to a system wherever
the individual counted for nothing and brought home the conclusion that masses square measure
entitled to easy respect atleast. it absolutely was solely when the institution of the world
organization organizations in 1945 that human rights became one in all the central pre-
occupations of mediation.[4]
The Indian perspective on human rights
.Human rights in fashionable India.
This era starts from the arrival of British Empire the method of Indian administration started by
the Britishers with the introduction of regulation Act of 1773. Under it, Indian were suppressed
by the Britishers fully in context to social, economical, political & non secular rights all told the
sphere of life. They were told that they didn't merit any rights. Basic rights like rights to life &
keep, right to freedom, right to expression, right to equality, right to evangelize etc were denied
to them.In such a atmosphere, the Indian leaders & individuals feel that their rights had been lost
within the hands of the colonial rule, in order that they thought of entertaining back to fight for
his or her rights. maybe the primary express demand for fundamentals rights appeared within the
Constitution of India Bill 1895. The Bill guaranteed each Indian the correct to expression, right
to equality before law, right to property, right to private liberty, right to education etc. A series of
resolution were passed between 1917 & 1919 for stern civil rights & equality. Another major
development was written by "Mrs. Besant 's Common wealth of 1925." The Bill contained an
inventory of seven basic rights -
4
Historical evolution of human rights<
http://www.academia.edu/10421419/HISTORICAL_EVOLUTION_OF_HUMAN_RIGHTS_WORLD_WIDE_AND_IN_IN
DIA>
1-Liberty of person.
2-Freedom of conscience & free profession & follow of faith.
3- Free expression of opinion.
4- Free pedagogy.
5-Use of roads, public places, courts of justice & the likes of.
6- Equality before the Law, regardless of thought of status.
7- Equality of the sexes.
The resolution was passed in 1927 that came into impact in might 1928, Motilal Nehru as its
Chairman. it's called Nehru Report that declared that its 1st concern of Indians was "to secure the
elemental rights that had been denied to them." Another accomplishment came in context to
basic right was the metropolis resolution adopted by the congress session command in March
1931.The decade of 1940's was typically marked by the emergence of basic rights by the
increased activities associated with in by United Nations Assembly. The more stage of
development of basic rights in Indian context was the "Sapra Committee Report" revealed at the
top of 1945.So, when Independence, time to time numerous laws created, suggestions came from
the assorted committees to enlarge the thought of basic rights by covering the whole humanity.[5]
Rule of law in modern sense
"The rule of law implies that the functions of the govt in an exceedingly free thusciety ought to
be so exercised on produce conditions during which the dignity of man as a private is upheld.
This dignity needs not solely the popularity of bound civil or political rights however conjointly
creation of bound political, social, economical, instructional and cultural conditions that square
measure essential to the complete development of his personality". in line with Davis, there
square measure seven principal meanings of the term "Rule of law:
(1) law and order;
5
History and development of human rights in India< http://www.iosrjournals.org/iosr-
jhss/papers/Vol.%2022%20Issue6/Version-9/A2206090106.pdf>
(2) fastened rules;
(3) elimination of discretion;
(4) group action of law or fairness;
(5) law or observance of the principles of natural justice;
(6) preference for judges and standard courts of law to government authorities and body
tribunals; and
(7) review of body actions.
Thus finally it's going to properly be aforesaid that rule of law doesn't mean and can't mean any
government underneath any law. It means that the rule by a democratic law-a law that is passed
in an exceedingly democratically elective parliament when adequate dialogue and discussion.
Likewise, Sir Ivor Jennings says -
"In correct sense rule of law implies a democratic system, a constitutional government wherever
criticism of the govt isn't solely permissible however conjointly a positive advantage and
wherever parties supported competitive politics or interests don't seem to be solely allowed
however inspired. wherever this exist the opposite consequences of rule of law should follow".[6]
ANALYSIS
Human rights and therefore the rule of law square measure ideals. therein sense they're not
possessions, one thing individuals "have", however aspirations: one thing individuals attempt for.
they're conjointly one thing individuals "do", one thing they place into follow. None of those
ideals will be simply captured underneath one definition. On a abstract level - likewise as on the
amount of follow - human rights, democracy and therefore the rule of law square measure
inherently dynamic and oppose. Yet, at an equivalent time, it's vital to realize Associate in
Nursing understanding of those ideas and attempt towards some kind of definition. several
governments - together with inhibitory regimes - have united underneath the banners of human
66
Origin and concept of rule of law< https://www.lawteacher.net/free-law-essays/administrative-law/origin-and-
concept-of-rule-of-law-administrative-law-essay.php#ftn4>
rights and therefore the rule of law for various functions. If no definition of those ideals is tried,
all kinds of government will comprise them. Thus, "despite the encompassing uncertainty, it's
not the case that any planned which means is nearly as good as another." Human rights and rule
of law square measure 2 sides of an equivalent coin. These square measure complimentary to
every different i.e while not human rights rule of law can't exist and vis-a-visa. Rule of law may
be a broader thought than human rights and because it will be mentioned that rule of law is also a
right in rem ( right against the total world) whereas human rights is ones personal right i.e right
in personam. The recital states that if man isn't to be forced or compelled to resort to rebellion as
a method of help or safety against tyranny and oppression, human rights ought to be protected by
the rule of law. To "rebel against tyranny Associate in Nursingd oppression" means that to
arrange an armed resistance against a ruler or government that engages in discretionary or
oppressive exercise of power.
The thought of "rule of law" has 3 meanings. First, it connotes the ascendancy of law over
discretionary power. Second, it proclaims equality before the law, which means that nobody will
be exempt from obedience to the law. Third, the foundations explicit within the Constitution
don't seem to be considered the supply however rather the results of the individual rights of the
individuals (Reesor). during this sense, the thought of the "rule of law" is that the opposite of
tyranny and oppression. The United Nations Charter makes many references to human rights.
additionally to the regard to 'faith on human rights' found within the preamble, the Charter
expresses that one in all the goals of the United Nations is: 'To deliver the goods international
cooperation in determination international issues of Associate in Nursing economic, social,
cultural, or humanitarian character, and in promoting and inspiring respect for human rights and
for basic freedoms for all while not distinction on race, sex, language, or faith.[7] Article 13(b)
establishes that the overall Assembly shall 'initiate studies and build recommendations promoting
international cooperation within the economic, social, cultural, instructional, and health fields,
and aiding within the realization of human rights and basic freedoms for all while not distinction
on race, sex, language, or faith.' equally, Article 55(c) mandates the United Nations to market
'universal respect for, and observance of, human rights and basic freedoms for all while not
7
Human rights , rule of law different organisations different conceptions<
https://bim.lbg.ac.at/sites/files/bim/attachments/deliverable-3.4_human_rights_democracy_and_rule_of_law-
_different_organisations_different_conceptions.pdf>
distinction on race, sex, language, or religion'. In fulfilling those tasks, many declarations,
conventions and treaties on human rights are adopted. The Universal Declaration of Human
Rights (UDHR) adopted by the overall Assembly in 1948, the International Covenant on Civil
and Political Rights (ICCPR) and therefore the International Covenant on Economic, Social and
Cultural Rights (IECSCR), signed in 1966 and good since 1976, these days called 'the
international bill of rights', represent the premise for human rights protection within the world.
The world organization Commission on Human Rights, established as a sub-commission of
Economic and Social Council and later remodeled into the world organization Human Rights
Council (HRC) has a vital watching task during this respect. The discussions on the generality of
rights, the sovereignty of States and therefore the principle of non-intervention stay even these
days, because the analysis of the various United Nations bodies below indicate. The world
organization Secretary General in his report of “ In larger freedom: towards development,
security and human rights for all” same that whereas freedom from need and concern square
measure essential they're not enough. All kinsmen have the proper to be treated with dignity and
respect” . Such dignity and respect square measure afforded to individuals through the enjoyment
of all human rights and square measure protected through the rule of law. The rule of law is that
the vehicle for the promotion and protection of the common normative framework. It provides a
structure through that the exercise of power is subjected to in agreement rules, guaranteeing the
protection of all human rights. As outlined by the Secretary-General, the rule of law needs that
legal processes, establishments and substantive norms square measure in keeping with human
rights, as well as the core principles of equality below the law responsibility before the law and
fairness within the protection and vindication of rights. there's no rule of law at intervals
societies if human rights don't seem to be protected and vice versa; human rights can not be
protected in societies while not a robust rule of law. The rule of law is that the implementation
mechanism for human rights, turning them from a principle into a reality. The rule of law has vie
associate integral half in anchoring economic, social and cultural rights in national constitutions.
laws and rules. wherever such rights square measure justiciable or their legal protection is
otherwise ensured, the rule of law provides the suggests that of redress once those rights don't
seem to be upheld or public resources square measure put-upon. While universally in agreement
human rights, norms and standards offer its normative foundation, the rule of law should be
anchored during a national context, as well as its culture, history and politics. States thus do have
totally different national experiences within the development of their systems of the rule of law.
withal, as thoroughbred by the final Assembly in resolution , there square measure common
options based on international norms and standards.8
Conclusion
The rule of law and human rights unit two sides of identical principle, the freedom to live in
dignity. The rule of law associated human rights so have an undividable and intrinsic
relationship. we must always not place too high of hopes on rule of law as a way of promoting
human rights. Rule of law, whether or not thick or skinny or each, provides no guarantee that
rights are taken seriously in the following. Skinny theories square measure normatively skinny,
and thick conceptions of rule of law could also be at odds with international human rights norms
and standards, generally radically and generally to a lesser degree. Non-democratic countries like
monotheism theocracies or soft authoritarian socialist states like Vietnam or China represent
profound challenges to the human rights regime, as do non liberal states like Singapore and
Malaysia that have well developed legal systems that accommodates the necessities of a skinny
rule of law. however even liberal democracies like the U.S. have refused to bring domestic rights
policies into compliance with international standards on problems from hate speech to the
execution. Rule of law won't settle several of the presently contested problems relating to the
correct interpretation and justification of rights. Indeed, rule of law provides very little steerage
on several of the foremost contested problems. Rule of law is additionally in keeping with a
wide-range of establishments, the selection and development of that square measure to an
oversized extent path-dependent. As a sensible matter, the legal establishments in several
countries square measure therefore weak that compliance with the necessities of even a skinny
rule of law is tough if not not possible. Divided by war, too weak to pursue prudent economic
policies and politically unstable, failing or failing states square measure answerable for several of
the foremost crying, systematic and widespread violations of human rights. However rule of law
needs political stability and a state with the capability to ascertain and operate a practical system.
whereas the theoretical variations in thick conceptions of rule of law square measure seemingly
to draw in the foremost attention from lecturers, the weakness of the many legal systems
frustrates the implementation of human rights even once there aren't any abstract or normative
8
Rule of law and the United Nations< https://www.un.org/ruleoflaw/rule-of-law-and-human-rights/>
problems at stake. several legal systems in developing countries square measure affected by
incompetent judges, judicial corruption, supreme court fees and long delays. The typical national
could also be as involved, if less involved, regarding these forms of skinny rule of law issues
than with broader considerations regarding political philosophies or perhaps several rights
problems. there's a danger in promising an excessive amount of within the name of rule of law,
lest the extravagant guarantees lead to disillusion, that is probably going to happen if rule of law
is conflated with justice and every one things merchandise and terrific together with all of the
rights began in international rights instruments. we must always be cautious of making an
attempt to cover contested normative views regarding human rights beneath the on the face of it
a lot of neutral facade of rule of law. We must always pay attention to tell apart between skinny
and thick and not to a fault place confidence in rhetorical worth of rule pressing specific thick
conception. We must always not hold out unreasonable hopes that rule of law can somehow as if
by magic settle deeply contested rights problems or resolve several of the interpretative and
institutional problems that impede implementation of human rights or place an finish to war,
poverty, political stability and therefore the alternative factors that square measure the most
causes of human rights violation within the world. However we must always not be unduly
dismissive of rule of law either. Efforts to implement rule of law square measure seemingly to
enhance the standard of life for many folks and to more the goals of the international human
rights movement each directly and indirectly. Even a skinny rule of law entails limits on the state
and therefore the ruling elite World Health Organization also are certain by the law, provides a
legal basis for voters to challenge government irresponsibleness, and serves to safeguard the
rights and interests of the non-elite. A practical system, with a fairly freelance judiciary, isn't any
doubt helpful and possibly necessary if human rights square measure to be totally enforced. Rule
of law is important if not comfortable for sustained economic process, that successively accounts
for a lot of of the variation in rights performance and quality of life. it's so hanging that whereas
critics in several developed countries have the posh of belittling the construct of rule of law,
people who have had the misfortune to suffer its absence appreciate its virtues and count among
its biggest supporters.
THANKYOU
