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1 Chapter 1 : The Evolution of Human Rights- Part i authorstream The concept of human security is based on the recognition that all persons are subjects of dignity and rights. Throughout history, different schools of thought converged in the generation and evolution of the consciousness of human rights, which were formally recognized in the Universal Declaration of Human Rights. Connect With Us Origins of Human Rights The emergence of rights in political thought is generally regarded as relatively recent, though any historical study of rights reveals how indeterminate the philosophical charting of the evolution of rights has been Renteln, Human rights are considered the offspring of natural rights, which themselves evolved from the concept of natural law. Natural law, which has played a dominant role in Western political theory for centuries, is that standard of higher-order morality against which all other laws are adjudged. To contest the injustice of human-made law, one was to appeal to the greater authority of God or natural law. Eventually this concept of natural law evolved into natural rights; this change reflected a shift in emphasis from society to the individual. Whereas natural law provided a basis for curbing excessive state power over society, natural rights gave individuals the ability to press claims against the government Renteln, In this state, each person possessed a set of natural rights, including the rights to life, liberty and property. According to Locke, when individuals came together in social groups, the main purpose of their union was to secure these rights more effectively. This was as true for Roman emperors as it was Chinese and Japanese emperors. The theory of divine right was most forcefully asserted during the Renaissance by monarchs across Europe, most notoriously James I of England and Louis XIV of France We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Similarly, the language used both by Locke and by the Founding Fathers clearly foreshadows the creation of a document like the Universal Declaration. These principles were further expounded and enshrined in the U. Constitution and Bill of Rights Natural rights theorists have asserted the existence of specific rights â most notably the right to self-preservation Hobbes and the right to property Locke. Because such theorists take the validity of fundamental rights to be self-evident, there has traditionally been little tolerance for debate. Nevertheless, natural rights were not widely contested as they were asserted in a limited universe of shared Western values Renteln, What, then, is a right, and how are human rights distinct from natural rights? For many philosophical writers, a right is synonymous with a claim. A human right by definition is a universal moral right, something which all men, everywhere, at all times ought to have, something of which no one may be deprived without a grave affront to justice, something which is owing to every human being simply because he is human. First, it must be possessed by all human beings, as well as only by human beings. Second, because it is the same right that all human beings possess, it must be possessed equally by all human beings. We are all equally entitled to our human rights without discrimination. The primary element recurring throughout each of these definitions is universality â human rights are inalienable and fundamental rights to all persons are inherently entitled simply by virtue of being human. As we will soon observe, this crucial and existential element of universality is profoundly controversial and thus quite tenuous. The innovation of human rights in the twentieth century extended the idea of individual rights to include all human beings, regardless of citizenship or state affiliation. Human rights helped reconstitute individual identity and freedom as something transcending national borders. Strauss, M. Roshwald, and J. Page 1

2 Chapter 2 : Origins of Human Rights Globalization The evolution of human rights Human rights experts agree that human rights concepts such as dignity and peaceful co-existence can be traced far back in time. According to experts, more recent, and international, human rights are at least a couple of centuries old. Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination. One of the great achievements of the United Nations is the creation of a comprehensive body of human rights lawâ a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities. The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in and, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies. It sets out, for the first time, fundamental human rights to be universally protected. The human rights that the Covenant seeks to promote and protect include: The Covenant had states parties by the end of The Second Optional Protocol was adopted in The Covenant deals with such rights as freedom of movement; equality before the law; the right to a fair trial and presumption of innocence; freedom of thought, conscience and religion; freedom of opinion and expression; peaceful assembly; freedom of association; participation in public affairs and elections; and protection of minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or punishment; slavery and forced labour; arbitrary arrest or detention; arbitrary interference with privacy; war propaganda; discrimination; and advocacy of racial or religious hatred. Human Rights Conventions A series of international human rights treaties and other instruments adopted since have expanded the body of international human rights law. The Council is made up of 47 State representatives and is tasked with strengthening the promotion and protection of human rights around the globe by addressing situations of human rights violations and making recommendations on them, including responding to human rights emergencies. The High Commissioner is mandated to respond to serious violations of human rights and to undertake preventive action. It serves as the secretariat for the Human Rights Council, the treaty bodies expert committees that monitor treaty compliance and other UN human rights organs. Individuals, whose rights have been violated can file complaints directly to Committees overseeing human rights treaties. Human Rights and the UN System Human rights is a cross-cutting theme in all UN policies and programmes in the key areas of peace and security, development, humanitarian assistance, and economic and social affairs. As a result, virtually every UN body and specialized agency is involved to some degree in the protection of human rights. Some examples are the right to development, which is at the core of the Sustainable Development Goals ; the right to food, championed by the UN Food and Agriculture Organization, labour rights, defined and protected by the International Labour Organization, gender equality, which is promulgated by UN Women, the rights of children, indigenous peoples, and disabled persons. Human rights day is observed every year on 10 December. Page 2

3 Chapter 3 : EVOLUTION OF THE HUMAN RIGHTS CONCEPT - PDF documents The concept of human rights is the result of the long evolution of philosophical, political, legal and social reflection, inseparably connected to the social-democratic traditions. Alighting from. Placing the problem of human rights and liberties on a first level is a proof of the great spiritual, cultural and moral transformations. The concept of human rights is the result of the long evolution of philosophical, political, legal and social reflection, inseparably connected to the social-democratic traditions. Alighting from antiquity, the concept of human rights has covered a hard and stiff way. Asserting as political platform of the bourgeois revolutions, this conception gained a new dimension during the contemporary period, when the problem of existence, maintenance and perpetuation of human species on earth, the mutual cooperation and the assertion of human ideas and general values arose with hardness in front of mankind. The concepts and ideas of profound thinkers of time, such as Aristotle, Cicero, Grotius, Montesquieu and prestigious jurists found their reflections in many documents with institutional character which emphasized a well deliberate conception of human rights and liberties and much later the Universal Declaration of Human Rights adopted on December 10th by the General Assembly of the United Nations Organization ascertained for the first time in the history of mankind the fundamental human rights and liberties in a political-legal document with universal character. Granting and respecting the human rights become an indissoluble condition of performing the state of law, of its admission as a democratic state on international level. Evolution of the Human Rights concept The state of crisis arisen every day more in the evolution of contemporary society determines the recurrence to the problem of human rights in the society. Placing the problem of human rights and liberties on a first level is a proof of the great spiritual, cultural and moral transformations but also of the political-legal ones of the international community. In other words, the problem of human rights together with the problem of peace, whose promising ambits offer until now not only a remote image of a world with less weapons and more security, continues to be one of the dominant matters of political life and public debate. Not only on internal level but also on international level we try to find some answers to the many and complex problems related to human existence and human rights, but also in the field of direct state political action, in international organizations and reunions and in information media. The situation is presented differently in every country and keeps progressing, depending on the national historical circumstances and the direction of development in every country. The multiple existent problems which appear in every country can only be solved within the context of a positive evolution in fields such as the settlement of the existent problems and the prevention of others, the provision of the development of all countries in the world, the maintenance of peace and international security. Origins and evolution of the Human Rights concepts As social phenomenon, human rights have their origin in antiquity. In exchange, as legal phenomenon, human rights have been originated by the natural law doctrine, starting from the idea that humans, by their own nature, anywhere and anytime have rights that are previous and primary to the ones assigned by the society and admitted by the natural law. In this sense we consider that we may take into account the appreciation made by Giorgio del Vecchio, who asserted that: He made a clear distinction between ideas and culture or tradition. His works have a pronounced character of assertion, discovery of human rights and liberties. Even from the very beginning of its work: About the spirit of laws, Montesquieu formulates a definition of law in a scientist manner meaning: The quality of Montesquieu is that of having understood in context the relationship between laws and liberty but also the contribution to the ideological preparation of the French Revolution from Essential to his legal philosophy there is the idea of instituting the reign of law and by itself the reign of people who at the same time is its author and obedient, since the same will creating laws is submitted to them. The equality of people consists in the fact that they are similar in dignity, because, the law belonging to all of them is not owned by someone else in particular. Therefore, law must be placed above people and not one man above the others, since equality involves freedom, taking into account that the compliance to a law determined by someone means freedom. Rouseau â The Social Contract, p. However, we consider that beginning with the end of the 18th century, the problem of human rights passes to a new phase of development â devotion of rights, even Page 3

4 later, in international documents and became what we all admit today â the contemporary system of international law of human fundamental rights and liberties. Appearance and evolution of the first legal instruments for human rights protection Rights and liberties, from the perspective of positive law, later forming the content of the notion of human rights appeared in the battle of various social categories against feudal absolutism. The first text known in history is Magna Carta Libertatum proclaimed in England by king John of England in, thus the English barons and bishops obtaining a lot of advantages and procedural warranties from the king. This document of the epoch had an absolute priority over all the other documents elaborated in time in this field so important for the people form the earth. The first legal instruments of transposition in legal provisions of this fundamental rights and liberties appeared in the European culture of the 17thth centuries. In England there came out some important documents regarding human rights entitled: This text settles a series of fundamental rights â a common ideal that must be accomplished according to the Declaration - for all people, no matter their race, sex, language, religion, political opinion, national or social origin, goods, birth or material situation. This document has been adopted without any hostility from the member states of the United Nations Organization, excepting eight forbearances South Africa, Saudi Arabia, USSR and five popular democracies. Since the declaration does not have the necessary legal power, not being an international treaty does not determine de jure obligations for the states. Actually, its provisions have been included in the constitutions and internal laws of states and therefore it gained special importance. As a consequence of the fact that the states considered it was necessary to adopt a new document to contain provisions of legal power, during the years there were negotiations related to the enactment of a document in this sense, culminating with the International Charter of Human Rights, which inspired directly the elaboration and subsequent completion of a range of complementary instruments regarding the regulation of human rights in certain special and concrete fields: Zaharia â Development of the concept about human rights in the modern and contemporary epoch, p. By the European Convention for the protection of Fundamental Human Rights and Liberties there was created a mechanism of international control which is added to the national mechanisms, all member states accepting the competence of the European Court of Human Rights as community institution. This authority of human rights defense on international and regional level has the role of an instance of international jurisdiction with a character subsidiary to the internal modalities of attack. The European Court is not a statutory organism of the European Council but a conventional one elaborated on basis of the European Convention of Human Rights. However, it cannot be separated by the system of the European Council authorities, being created within this, taking the same principles and even having the same budget. The European Council of Human Rights, with the headquarters in Strasbourg from January 21st, together with the acceptance of its jurisdiction by eight states, is the main element of the supranational mechanism of control of the application of the European Convention for the defense of Human Rights and Fundamental Liberties, denominated the European Court of Human Rights or referred to by the CEDO symbol. Page 4

5 Chapter 4 : History of Natural Law & Basic Freedoms, Cyrus the Great: United for Human Rights phase, the â žrights of Manâ Ÿ. The notion of â žrights of Manâ Ÿ and other such concepts of human rights are as old as humanity. These rights. In general, the principles of interpretation of international treaties contained in the Vienna Convention on the Law of Treaties VCLT are considered to be the customary international law principles of treaty interpretation. However, the interpretation of human rights treaties requires that the specific characteristics of these treaties be taken into account. The principal provision for treaty interpretation is found in Article 31 1 VCLT and contains a number of elements. This rule stresses the importance of the principle of good faith contained in Article 26 VCLT and applies it to the process of treaty interpretation. Paragraph 3 provides any relevant rules of international law applicable in relations between the parties shall be taken into account along with the context. According to Article 32, the supplementary means of interpretation include the preparatory work of the treaty and the circumstances of its conclusion. As has been established by the International Court of Justice, treaties should be interpreted and applied within the framework of the legal system prevailing at the time of the interpretation, rather than at the time of the drafting or adoption of the text. For example, it is by no means rare to find decisions of the European Court of Human Rights that are contrary to the express intentions of the drafters. The specific object and purpose of human rights treaties It is well established that the rules for treaty interpretation provide the framework for interpreting human rights treaties. This is apparent in the jurisprudence of the major human rights supervisory bodies. The Human Rights Committee as well as the regional human rights courts have expressly noted that the rules of interpretation set out in the VCLT contain the relevant international law principles for interpretation. However, as stated above, the application of these rules does not resolve all the problems of treaty interpretation because the rules of the VCLT are not unequivocal. Moreover, the interpretation of human rights treaties requires that the specific characteristics of human rights treaties be taken into account. Already in, the International Court of Justice noted the special character of human rights treaties. For example, in its Advisory Opinion on Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, the International Court of Justice stated that the parties to such instruments do not have any individual advantages or disadvantages nor interests of their own, but merely a common interest. One aspect that distinguishes human rights treaties from other international treaties relates to duties of states parties. Human rights treaties are agreements between states which grant specific rights to individuals who are not themselves parties to the instruments, but for whom the correlative duties fall primarily on states. In its second Advisory Opinion, the Inter-American Court in explained this special feature of the human rights instruments with clarity, emphasising that: Modern human rights treaties in general, and the American Convention in particular, are not multilateral treaties of the traditional type concluded to accomplish the reciprocal exchange of rights for the mutual benefit of the contracting States. Their object and purpose is the protection of the basic rights of individual human beings irrespective of their nationality, both against the State of their nationality and all other contracting states. In concluding these human rights treaties, the States can be deemed to submit themselves to a legal order within which they, for the common good, assume various obligations, not in relation to other states, but towards all individuals within their jurisdiction [ This specific human rights-centred interpretation is also apparent in the jurisprudence of the European Court of Human Rights. There are other general legal principles for interpretation that should also be considered, such as the interpretative principle that limitation provisions shall be construed and applied in a restrictive way. In sum, the object and purpose of human rights treaties plays a central and crucial role in their interpretation. The specific object and purpose of human rights treaties is the protection of the individual human person. This not only justifies but also compels interpretation and application of the provisions of human rights instruments in a consistent manner. This object and purpose requires that we take into account, at a minimum, the three following principles: As the Inter-American Court has noted, [t]he object and purpose of the American Convention is the effective protection of human rights. The application of this principle is evident in the case-law of the European Court ofhuman Rights: In Page 5

6 interpreting the Convention, regard must be had to its special character as a treaty for the collective enforcement of human rights and fundamental freedoms [ Human rights are not static and therefore effective protection of these rights involves taking into account developments in law and society. It is again worth noting that, as with the effectiveness principle, the importance of the evolutive interpretation is the consequence of the overriding object and purpose of human rights treaties. It follows that these provisions cannot be interpreted solely in accordance with the intentions of their authors as expressed more than forty years ago. The Court itself has explained in an advisory opinion on the interpretation of the American Declaration of the Rights and Duties of Man that in the interpretation process: It is appropriate to look to the Inter-American system of today in the light of the evolution it has undergone since the adoption of the Declaration, rather than to examine the normative value and significance which that instrument was believed to have had in A property right in human rights law is not automatically a property right as defined in national law; under human rights law its concept might be much broader. The Inter-American and European human rights courts have insisted on their autonomy in interpreting the meaning of the terms in their respective conventions. Nicaragua, the Inter-American Court of Human Rights explained the concept and the close relationship with the rule of evolutive interpretation: The terms of an international human rights treaty have an autonomous meaning, for which reason they cannot be made equivalent to the meaning given to them in domestic law. Furthermore, such human rights treaties are live instruments whose interpretation must adapt to the evolution of the times and, specifically, to current living conditions. Latitude extending thus far might lead to results incompatible with the purpose and object of the Convention. Page 6

7 Chapter 5 : Human Rights United Nations From Concept to Convention: How Human Rights Law Evolves In in San Francisco, 50 nations adopted the United Nations Charter, a document setting forth the United Nations' goals, functions, and responsibilities. Scientific evidence shows that the physical and behavioral traits shared by all people originated from apelike ancestors and evolved over a period of approximately six million years. One of the earliest defining human traits, bipedalism -- the ability to walk on two legs -- evolved over 4 million years ago. Other important human characteristics -- such as a large and complex brain, the ability to make and use tools, and the capacity for language -- developed more recently. Many advanced traits -- including complex symbolic expression, art, and elaborate cultural diversity -- emerged mainly during the past, years. Physical and genetic similarities show that the modern human species, Homo sapiens, has a very close relationship to another group of primate species, the apes. Humans first evolved in Africa, and much of human evolution occurred on that continent. The fossils of early humans who lived between 6 and 2 million years ago come entirely from Africa. Most scientists currently recognize some 15 to 20 different species of early humans. Scientists do not all agree, however, about how these species are related or which ones simply died out. Many early human species -- certainly the majority of them â left no living descendants. Scientists also debate over how to identify and classify particular species of early humans, and about what factors influenced the evolution and extinction of each species. Early humans first migrated out of Africa into Asia probably between 2 million and 1. They entered Europe somewhat later, between 1. Species of modern humans populated many parts of the world much later. For instance, people first came to Australia probably within the past 60, years and to the Americas within the past 30, years or so. The beginnings of agriculture and the rise of the first civilizations occurred within the past 12, years. Paleoanthropology Paleoanthropology is the scientific study of human evolution. Paleoanthropology is a subfield of anthropology, the study of human culture, society, and biology. The field involves an understanding of the similarities and differences between humans and other species in their genes, body form, physiology, and behavior. Paleoanthropologists search for the roots of human physical traits and behavior. They seek to discover how evolution has shaped the potentials, tendencies, and limitations of all people. For many people, paleoanthropology is an exciting scientific field because it investigates the origin, over millions of years, of the universal and defining traits of our species. However, some people find the concept of human evolution troubling because it can seem not to fit with religious and other traditional beliefs about how people, other living things, and the world came to be. Nevertheless, many people have come to reconcile their beliefs with the scientific evidence. Early human fossils and archeological remains offer the most important clues about this ancient past. These remains include bones, tools and any other evidence such as footprints, evidence of hearths, or butchery marks on animal bones left by earlier people. Usually, the remains were buried and preserved naturally. They are then found either on the surface exposed by rain, rivers, and wind erosion or by digging in the ground. By studying fossilized bones, scientists learn about the physical appearance of earlier humans and how it changed. Bone size, shape, and markings left by muscles tell us how those predecessors moved around, held tools, and how the size of their brains changed over a long time. Archeological evidence refers to the things earlier people made and the places where scientists find them. By studying this type of evidence, archeologists can understand how early humans made and used tools and lived in their environments. The process of evolution The process of evolution involves a series of natural changes that cause species populations of different organisms to arise, adapt to the environment, and become extinct. All species or organisms have originated through the process of biological evolution. In animals that reproduce sexually, including humans, the term species refers to a group whose adult members regularly interbreed, resulting in fertile offspring -- that is, offspring themselves capable of reproducing. Scientists classify each species with a unique, two-part scientific name. In this system, modern humans are classified as Homo sapiens. Evolution occurs when there is change in the genetic material -- the chemical molecule, DNA -- which is inherited from the parents, and especially in the proportions of different genes in a population. Genes represent the segments of DNA that provide the chemical code for producing proteins. Information Page 7

8 contained in the DNA can change by a process known as mutation. The way particular genes are expressed â that is, how they influence the body or behavior of an organism -- can also change. Evolution does not change any single individual. Instead, it changes the inherited means of growth and development that typify a population a group of individuals of the same species living in a particular habitat. Parents pass adaptive genetic changes to their offspring, and ultimately these changes become common throughout a population. As a result, the offspring inherit those genetic characteristics that enhance their chances of survival and ability to give birth, which may work well until the environment changes. Human evolution took place as new genetic variations in early ancestor populations favored new abilities to adapt to environmental change and so altered the human way of life. Rick Potts provides a video short introduction to some of the evidence for human evolution, in the form of fossils and artifacts. Page 8

9 Chapter 6 : Human rights - Wikipedia 15 CHAPTER-II EVOLUTION AND HISTORICAL DEVELOPMENT OF HUMAN RIGHTS AND INDIAN CONSTITUTION A) Introduction The concept of Human Rights has evolved and developed gradually through. Article 1 of the Charter states that one of the aims of the UN is to achieve international cooperation in "promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion. For those goals to be achieved, specific "human rights and freedoms" needed to be defined first. Then laws and procedures had to be drawn up that would promote and protect those rights and freedoms. First in came the UDHR, which serves to define the basic human rights and freedoms to which all individuals are entitled. A declaration is not a legally binding document, however. For the rights defined in a declaration to have full legal force, they must be written into documents called conventions also referred to as treaties or covenants, which set international norms and standards. When a government signs a convention, it becomes legally bound to uphold those standards. For political and procedural reasons, these rights were divided between two separate covenants, each addressing different categories of rights. The International Covenant on Civil and Political Rights ICCPR articulates the specific, liberty-oriented rights that a state may not take from its citizens, such as freedom of expression and freedom of movement. Both covenants were adopted by the UN in Reporting and Monitoring Every convention contains articles that establish procedures for monitoring and reporting how states parties, governments that have ratified the document, are complying with it. Both Covenants, for example, provide for a body of independent experts to monitor governmental compliance with treaty provisions. Articles in the ICCPR establish a Human Rights Committee consisting of 18 independent experts, who examine progress reports from states that are party to that Covenant. The Committee also can consider complaints of one member state against another. In addition, the ICCPR provides a complaint procedure through which individuals can have grievances against their government heard in an international forum. When a UN member state ratifies a convention, it agrees to abide by the provisions of the convention, consent to be monitored, change its laws to conform to the convention, and report at regular intervals on its progress in doing so. Steps in the Evolution of Conventions Before they become codified as binding law, human rights concepts must pass through a lengthy process that involves consensus building and practical politics at the international and national levels. The UN General Assembly commissions working groups consisting of representatives of UN member states, as well as representatives of intergovernmental and nongovernmental organizations NGOs. When member states sign the convention, they are indicating that they have begun the process required by their government for ratification. In signing, they are also agreeing to refrain from acts that would be contrary to the objectives of the convention. When a member state ratifies a convention, it signifies its intention to comply with the specific provisions and obligations of the document. It takes on the responsibility to see that its national laws are in agreement with the convention. There is also a process by which states can ratify the convention, but also indicate their reservations about specific articles. A convention goes into effect when a certain number of member states have ratified it. It is then submitted to the Senate, along with any administration recommendations. The Senate Foreign Relations Committee first considers the convention, conducting hearings to monitor public reaction. The Foreign Relations Committee may then recommend the convention to the Senate, possibly with reservations or qualifications. Such reservations are often based on the need to enact new legislation in order to conform to a convention. However, the federal system of the US government gives individual states, not the national government, the right to make law in many areas such as criminal and family law. Next the full Senate considers the convention. Finally, if the Senate approves the convention, the President formally notifies the UN that the United States has ratified and thus become a states party to the convention. In a working group drafted the Declaration on the Rights of the Child, which consisted of ten principles setting forth basic rights to which all children should be entitled. The Rights of the Child from Declaration to Convention These principles then needed to be codified in a convention. As of December, only two member states have not ratified it: Somalia and the United States. Many human rights conventions have entered into force; some are Page 9

10 still in the process of ratification. Others, such as a convention on the rights of indigenous peoples and a convention on environmental rights, are presently being drafted. As the needs of certain groups of people are recognized and defined and as world events point to the need for awareness and action on specific human rights issues, international human rights law continuously evolves in response. The ultimate goal is to protect and promote the basic human rights of every person, everywhere. Law, Policy, and Process. Date refers to the year the UN General Assembly adopted the convention. Page 10

11 Chapter 7 : From Concept to Convention: How Human Rights Law Evolves The Human rights Council is a body usually in charged of drafting new conventions (However the Convention on the rights of persons with disabilities was drafted by a special body. Human Rights Fundamentals A Short History of Human Rights The belief that everyone, by virtue of her or his humanity, is entitled to certain human rights is fairly new. Its roots, however, lie in earlier tradition and documents of many cultures; it took the catalyst of World War II to propel human rights onto the global stage and into the global conscience. Most societies have had traditions similar to the "golden rule" of "Do unto others as you would have them do unto you. In addition, the Inca and Aztec codes of conduct and justice and an Iroquois Constitution were Native American sources that existed well before the 18th century. In fact, all societies, whether in oral or written tradition, have had systems of propriety and justice as well as ways of tending to the health and welfare of their members. Yet many of these documents, when originally translated into policy, excluded women, people of color, and members of certain social, religious, economic, and political groups. Nevertheless, oppressed people throughout the world have drawn on the principles these documents express to support revolutions that assert the right to self-determination. Contemporary international human rights law and the establishment of the United Nations UN have important historical antecedents. Efforts in the 19th century to prohibit the slave trade and to limit the horrors of war are prime examples. In, countries established the International Labor Organization ILO to oversee treaties protecting workers with respect to their rights, including their health and safety. Concern over the protection of certain minority groups was raised by the League of Nations at the end of the First World War. However, this organization for international peace and cooperation, created by the victorious European allies, never achieved its goals. It finally died with the onset of the Second World War The extermination by Nazi Germany of over six million Jews, Sinti and Romani gypsies, homosexuals, and persons with disabilities horrified the world. Trials were held in Nuremberg and Tokyo after World War II, and officials from the defeated countries were punished for committing war crimes, "crimes against peace," and "crimes against humanity. People wanted to ensure that never again would anyone be unjustly denied life, freedom, food, shelter, and nationality. The calls came from across the globe for human rights standards to protect citizens from abuses by their governments, standards against which nations could be held accountable for the treatment of those living within their borders. These voices played a critical role in the San Francisco meeting that drafted the United Nations Charter in To advance this goal, the UN established a Commission on Human Rights and charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The vote was unanimous, although eight nations chose to abstain. It claims that all rights are interdependent and indivisible. Its Preamble eloquently asserts that: The influence of the UDHR has been substantial. Its principles have been incorporated into the constitutions of most of the more than nations now in the UN. Although a declaration is not a legally binding document, the Universal Declaration has achieved the status of customary international law because people regard it "as a common standard of achievement for all people and all nations. Both covenants trumpet the extension of rights to all persons and prohibit discrimination. As of, over nations have ratified these covenants. The United States, however, has ratified only the ICCPR, and even that with many reservations, or formal exceptions, to its full compliance. See From Concept to Convention: How Human Rights Law Evolves. Subsequent Human Rights Documents In addition to the covenants in the International Bill of Human Rights, the United Nations has adopted more than 20 principal treaties further elaborating human rights. These include conventions to prevent and prohibit specific abuses like torture and genocide and to protect especially vulnerable populations, such as refugees Convention Relating to the Status of Refugees,, women Convention on the Elimination of All Forms of Discrimination against Women,, and children Convention on the Rights of the Child, As of the United States has ratified only these conventions: The dramatic changes in Eastern Europe, Africa, and Latin America since have powerfully demonstrated a surge in demand for respect of human rights. Popular movements in China, Korea, and other Asian nations reveal a similar commitment to these principles. The Role of Nongovernmental Page 11

12 Organizations Globally the champions of human rights have most often been citizens, not government officials. In particular, nongovernmental organizations NGOs have played a cardinal role in focusing the international community on human rights issues. Government officials who understand the human rights framework can also effect far reaching change for freedom. Johnson, and Jimmy Carter have taken strong stands for human rights. In other countries leaders like Nelson Mandela and Vaclev Havel have brought about great changes under the banner of human rights. Human rights is an idea whose time has come. The Universal Declaration of Human Rights is a call to freedom and justice for people throughout the world. Every day governments that violate the rights of their citizens are challenged and called to task. Every day human beings worldwide mobilize and confront injustice and inhumanity. Like drops of water falling on a rock, they wear down the forces of oppression and move the world closer to achieving the principles expressed in the Universal Declaration of Human Rights. Page 12

13 Chapter 8 : Interpretation of Human Rights Treaties Icelandic Human Rights Centre The inclusion of both civil and political rights and economic, social and cultural rights was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. It "derived its obligatory force from the implied consent of the states which accepted and applied them in the conduct of their military operations. Despite its basic mandates, listed below, it was successful in effecting significant and rapid reforms. This first effort provided only for: Due to significant ambiguities in the articles with certain terms and concepts and even more so to the rapidly developing nature of war and military technology, the original articles had to be revised and expanded, largely at the Second Geneva Conference in and Hague Conventions of and which extended the articles to maritime warfare. The version was updated and replaced by the version when minor modifications were made to it. It was again updated and replaced by the version, better known as the First Geneva Convention. However, as Jean S. The original ten articles of the treaty have been expanded to the current 64 articles. This lengthy treaty protects soldiers that are hors de combat out of the battle due to sickness or injury, as well as medical and religious personnel, and civilians in the zone of battle. Among its principal provisions: This article is the keystone of the treaty, and defines the principles from which most of the treaty is derived, including the obligation to respect medical units and establishments Chapter III, the personnel entrusted with the care of the wounded Chapter IV, buildings and material Chapter V, medical transports Chapter VI, and the protective sign Chapter VII. There are currently countries party to the Geneva Conventions, including this first treaty but also including the other three. Declaration of International Rights of Man, After World War I, questions about human rights and fundamental freedoms began to be raised. The Declaration declared that fundamental rights of citizen, recognized and guaranteed by several domestic constitutions, especially those of the French and the U. A constitutions, were in reality meant not only for citizens of the states but for all men all over the world, without any consideration. The UN Charter contains provisions for the promotion and protection of human rights. Universal Declaration of Human Rights, After the establishment of the United Nations, in order to discharge its commitment for the promotion of Human rights it has established a small committee of nine members on February 15, to take steps for the preparation of an International Bill of Human Rights. In April that year, Mrs. Roosevelt was appointed as its chairperson. Immediately, after the constitution, the committee had its preliminary meeting and suggested for the increase of the members, which was increased to eighteen. The representatives of the following countries were appointed. On June 21,, the Economic and Social Council framed the terms of reference on which the committee needed to work for the drafting of the Universal Declaration. After the terms of reference to prepare a universal text for the promotion and protection of human rights, the committee later converted into the Commission on Human Rights, which functioned till This was later converted into a permanent inter governmental body known as Human Rights Council, in by the General Assembly. At present, the strength of the council is 47 states. The Commission on Human Rights after deliberations appointed, Mr. John Peters Humphrey of Canada as the drafting committee chairman. John Humphrey prepared the first draft of the universal text. Since then, December 10 is celebrated as Human Rights day to mark the Universal Declaration and the Fundamental Freedoms of human beings, which were recognized universally without any discrimination as to race, religion, sex, language and culture. However, since the declaration has no legal validity and binding nature on the states under international law, the UN asked the Commission to take further steps to convert it into two seperate legal texts. Further, the Declaration being a mixture of both Civil and Political Rights; Economic, Social and Cultural rights in one single text, it would be difficult for the states to implement them. It was the first global expression of rights to which all human beings are inherently entitled. Within a few decades, it came to be regarded as possibly the single most important document created in the twentieth century. Certainly, it has become the world standard for human rights. The UDHR is now accepted as a contract between governments and their peoples. It has inspired 9 UN legally-binding covenants and conventions and more than 60 human rights instruments which, together, constitute an international standard of human rights. The Declaration consists of thirty Articles and covers civil, political, economic, social and Page 13

14 cultural rights for all men, women and children. The declaration however is not a legally binding document. It is an ideal for all mankind. The Universal Declaration of Human Rights Article 3 Everyone has the right to life, liberty and security of person. Article 5 No one shall be subjected to torture, or to cruel, inhuman, or degrading treatment or punishment. Article 7 All are equal before the law and are entitled without any discrimination to the equal protection of the law Article 8 Everyone has the right to an effective remedy by the competent national tribunals for the acts violating the fundamental rights granted to him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention, exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal in the determination of his rights and obligations and of the criminal charge against him. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interferences with his privacy, family, home or correspondence Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or acts contrary to the purposes and principles of the United Nation. The Universal Declaration of Human Rights, was not a legally binding document. This deficiency was sought to be removed by the U. General Assembly by adopting in December,, the two Covenants, viz, 1. International Covenant on Civil and Political Rights and 2. The International Bill of Human Rights represents a milestone in the history of human rights. It is a modern Magna Carta of human rights. The UN has also developed subsequent Conventions that expand upon, and clearly define, the nature and scope of specific issues included in the International Bill of Rights. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Responsibility to Protect populations from mass atrocity crimes, such as genocide, war crimes and ethnic cleansing, when their own country will not or cannot do so Declaration on the Rights of Indigenous Peoples It has been translated into different languages. It has become a touchstone for actions by governments, individuals, and nongovernmental groups. It has been ratified by every country in the world. Practically no other international instrument can claim this honor. In short, the UDHR has acquired a moral and political significance matched by few documents. It provides both a guide to present action and an evolving set of ideas for future implementation at the national level. And, not least, the UDHR has proven a remarkably flexible foundation for a continued broadening and deepening of the very concept of human rights. How many treaties can claim such honors? Several major treaties, ratified by more than countries, trace their origins to the UDHR. They include, in chronological order: When a country ratifies an international agreement, it assumes a legal obligation. Citizens of states signing on to the UDHR and its progeny thus possess rights they may not have fully enjoyed earlier because their government has acknowledged and pledged to respect those rights. All these reports go to U. Citizens groups increasingly provide their own reports, with additional details. Thus, one of the hopes of the drafters of the UDHR has been increasingly met: People have a voice in their own destiny. Still other international agreements have stemmed from the UDHR: These developments required significant discussion. Twenty-five years of discussion preceded general assembly acceptance of the Universal Declaration of Indigenous Rights. The picture is thus mixed. International Covenant on Civil and Political Rights It prohibits arbitrary arrest, guarantees humane treatment if people are detained according to law, and promises fair trials. It prohibits forced labour or slavery, guarantees freedom to choose where to live, protects our right to privacy, entitles our right to express opinions, guarantees our right to peaceful assembly and public participation, protects our right to preserve our ethnic, religious and linguistic culture, and prohibits incitement to war or racial or religious hatred. Entry into force 23rd March Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Page 14