Origin & Development of Human Rights

“All human rights for all’ and ‘the world is one family” are the two notions that
have relied on the broadened definition of human rights, ensuring human dignity
for every individual of the human race in the global village.

The question of fundamental human rights has been relevant ever since the
rudimentary structure of human society came to be established. Such rights can
be said to comprise the basic needs of human beings, which include the right to
food, the right to breathe clean and unpolluted air, the right to shelter, the right
to clothing, and the right to a decent environment, all of which are essential for
human beings to live and survive, as against natural rights, which all living
beings enjoy from birth and which no human agency can give or take away.

The Universal Declaration of Human Rights (UDHR) declares, from the outset,
that its goal is to establish worldwide human rights. The Universal Declaration
of Human Rights (UDHR) is a building block in the modern history of human
rights since it draws from ancient to contemporary philosophies in response to
the horrific events of World War II.

What are human rights?

The term “human right” does not have a specific scientific definition. These are
moral claims that are inalienable and inherent in all human beings solely
because of their existence. These claims are expressed and formalised in what
we now refer to as human rights, and have been translated into
constitutional/legal rights established through the law-making processes of
states/societies, both nationally and internationally.

Human rights are often defined as “inalienable fundamental rights to which a

person is essentially entitled just by virtue of being human.” Thus, human rights
are understood as universal (meaning they apply everywhere) and egalitarian
(meaning they are the same for everyone). Human rights is a generic term that
includes and is the traditional civil and political rights and newly developed
modern economic, social and cultural rights.

The concept of human rights is also closely linked to human dignity. The World
Conference on Human Rights which was held in 1993 in Vienna stated in its
Declaration, “All of the human rights are drawn from the basic concept of human
dignity, worth inherited in the human being. Human rights and fundamental
freedoms revolve around the human individual.”

History of human rights

The sphere of human rights has witnessed consistent and significant

developments over the past century, especially after World War II, but at the
same time, it is also important to note that human rights have always been a
cardinal part of mankind across various cultures and human civilisations.

The earliest evidence of human rights can be traced back to the Persian Empire
of Cyrus around 539 B.C. It is a recent theory that Cyrus, after the capture of
Babylon, established racial equality and freed all the slaves. He declared that
every human being has the right to choose a religion of their own choice. Other
principles with regard to human rights were recorded on baked clay cylinders,
which were commonly known as Cyrus cylinders. The most recent discussions
about the Cyrus cylinder began in 1971, when the UN received a replica of the
Cyrus Cylinder with an English translation of it.

Developments in England

Some of the significant developments witnessed in England with regard to

human rights. These developments include:
 1. The Magna Carta Principles (1215)

2. The Petition of Right (1628)

3. The English Bill of Rights (1689)

The Magna Carta Principles (1215)

One of the major developments in the sphere of human rights was witnessed in
England in the form of the royal charter of Magna Carta in 1215 by King John
of England. Magna Carta principles are considered a cornerstone in the history
of human rights as it is the first and foremost formal document on human rights.
It introduced the principle of “rule of law”, which is one of the major facets of
human rights. This Charter was drafted as a peace agreement with the main
objective of ending the rebellion of barons against the monarch in England. The
charter was mainly focused on providing swift access to justice, protection of
church rights, and protection from arbitrary arrests. The charter also laid
limitations on the feudal payments to the king.

The Petition of Right (1628)

The following development with regard to human rights was the ‘Petition of Right’
in the year 1628, during the reign of King Charles I in England. This petition was
drafted by the Parliament of England after prolonged political tensions between
the Monarch and the Parliament. The petition consisted of a list of various
demands, such as end to arbitrary imprisonment without trial, illegal taxation,
etc. The Petition of Right is considered a significant step in the long process of
transitioning England from monarchy to parliamentary democracy.

The English Bill of Rights (1689)

The Petition of Right in England was followed by the English Bill of Rights 1689.
The bill was converted into law with the assent of William III and Mary II, the
then monarchs of England. It gave various civil and constitutional rights,
including freedom of speech in the parliament, free elections, consent of the
parliament for taxation policies, non interference from the government and equal
and just treatment before the court of law.

About the Universal Declaration of Human Rights (UDHR)

As previously said the concept of inalienable rights and fundamental freedoms

is not new; nonetheless, the social and political setting of the mid-twentieth
century was unique and left an eternal impact on the development of human
rights. At a time when society was undergoing significant changes, the concept
of human rights was also compelled to shift as well. Following the end of World
War II, the Holocaust inevitably shed light on human rights issues, bringing
those concerns to the forefront in the postwar era.

The scars left by World War II on the human fraternity made it necessary for
every nation to realise the need for an international instrument that would serve
as an attempt or effort towards ensuring peace and the protection of human
rights. Therefore, a declaration that was essential and that would serve as a
guiding light in the direction of the protection of human rights and the
establishment of peace across the globe was drafted by the Commission on
Human Rights. This declaration was drafted in complement to and support of
the UN Charter, which mentioned the promotion of respect for human rights and
fundamental freedoms.

The Universal Declaration of Human Rights (UDHR) adopted by the United

Nations General Assembly, is an international declaration that establishes all
human beings’ rights and freedoms. It was adopted by the General Assembly on
December 10, 1948, at the Palais de Chaillot in Paris, France, after being drafted
by a UN committee directed by Eleanor Roosevelt. The UDHR is a foundational
text in the history of human and civil rights, consisting of 30 articles in
it. Although the declaration is not legally enforceable, the rights are inscribed in
the constitutions and national legislation of many countries.

The Universal Declaration of Human Rights, along with the International

Covenant on Civil and Political Rights with its two Optional Protocols, the
International Covenant on Economic, Social, and Cultural Rights along with its
Optional Protocol, forms the International Bill of Human Rights.

The UDHR, as mentioned above, comprises a preamble and 30 Articles that

include both civil and political, as well as economic, social, and cultural rights.
Though there is no clear classification of articles into the two categories in The
UDHR, they can be broadly classified depending upon the rights that each article
guarantees. Articles 2 to 21 and Article 28 can be classified as civil and political
rights, and Articles 22 to 27 can be categorised as economic, social, and cultural
rights. The first article of the declaration is the conveyance of a message to every
individual to uphold the spirit of brotherhood, and the last two articles of the
declaration, i.e., Articles 29 and 30, are more like an obligation than a right; they
impose the duty or obligation upon every individual and state to not exercise any
of the rights enshrined in the Declaration in a way that would violate others’
rights and freedoms.

World Human Rights Day is observed every year on December 10th, the
anniversary of the adoption of the Universal Declaration of Human Rights.

Significance of Universal Declaration of Human Rights

Since the Universal Declaration is not a treaty, it does not impose any legal duties
on governments directly. It is, however, a statement of universal principles that
all members of the international community share; it has also had a significant
impact on the creation of international human rights law.
The UDHR serves as an instrument that has exceptional significance in the
sphere of human rights. It is the primary proclamation that reflects the
commitment of every nation towards the protection of human rights. This
document has great significance mainly because of two reasons, firstly, for the
fact that it is the first international instrument ever that focuses on the need for
protection of human rights across the globe. Secondly, the UDHR paved the way
for other various instruments on human rights that are legally binding upon the
state parties. This declaration became the basis of international human rights
law and laid a foundation for the evolution of human rights law not just at the
international level but also at the domestic level. It inspired nations across the
world to give significance to human rights and to respect each and every
individual.

As an impact of UDHR, every nation today, regardless of whether it is a

democratic country or not, has provided its citizens with at least the basics of
human rights. The UDHR supported by various other international instruments
on human rights, has been successful in reducing numerous practices such as
racial discrimination, torture, slavery, etc., to a great extent, which were very
prevalent during the 19th century. Recognition of women’s rights is another
achievement of the UDHR.

Though it is said that the Universal Declaration is not legally binding upon the
state parties directly, it is nevertheless important to understand that the
mechanism under international human rights law makes the UDHR indirectly
binding upon the state parties through the medium of forthcoming instruments
on the subject of human rights. The various instruments that have come into
existence at the international level are ultimately based upon the principles and
rights laid down by the UDHR. Therefore, any nation that is a party to any of the
instruments on human rights has an indirect legal obligation to comply with the
provisions of the UDHR.