The History of the Development of Human Rights

Posted: August 27th, 2021

The History of the Development of Human Rights

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The History of the Development of Human Rights

As much as the phrase “Human Rights” is moderately current in origin, the thought regarding human rights is seemingly old, just like the history of human civilization. The formation of the United Nations in 1945 led to the formal acknowledgment of the phrase “Human Rights” across the world (Kaur,2014). Notably, the word “Human Rights” points to inherent rights that are naturally God-given, implying that humans cannot survive without them. These rights are indispensable such that people utilize them to develop their personalities, human qualities, intelligence, talent, and conscience. Indeed, such rights’ entitlement continuously enables humans to satisfy both their spiritual and other higher needs. Therefore, the concept of Human Rights is dynamic because it triggers an expanded expression of thoughts and protection as relevant for helping humans evolve towards a higher need for development.

Definition of ‘Human Rights’

Following the New Lexicon Webster’s English Dictionary, ‘Human Rights’ is explicitly expressed as the right to the contentment of essential needs, including food, shelter, medical care, and education (Kaur,2014). Also, the dictionary expounds on such rights as the enjoyment of both civil and political liberties. Nonetheless, the idea of Human Rights seems widely broad in both comprehension and practice because this phrase has evolved to be recognized as “third-generation” rights. The recognition of human rights as third-generation rights presumes the thought of self-determination as a right to belongingness to individuals at the expense of individuality (Kaur,2014). Furthermore, The Lexicon Universal Encyclopedia styles the ‘Human Rights’ as an expression of one’s elementary political and social conditions prescribed as one’s entitlement to human nature. Fundamentally, human rights were regarded as natural rights or man’s rights since they encompassed the rights to life, liberty, and the quest for happiness (Kaur,2014). Notably, all these liberties for humans have been enlisted in the US Declaration of Independence for many years (United Nations, 2020). Therefore, the interpretation of Human Rights has been made with some degree of relativity, thus ensuring that all societies’ interests are fair at large. For example, the US Department of State’s official government release in the year 1978 considered Human Rights as freedom from subjective arrest and imprisonment, torture, unfair trial, cruel and common punishment (United Nations, 2020). Moreover, it signified the liberty to privacy and the rights to food, shelter, medical care, and education. Consequently, such an official Declaration also enlisted freedom of assembly, religion, speech, press, movement, and the right to participate in government activities.

Figure 1. The history of the development of human rights

Protection of “Human Rights”

The enactment of human rights came into existence on the 28th of September 1993 with all the protection clauses, ranging from life, liberty, and equality to an individual’s dignity as enshrined in the US Constitution (United Nations, 2020). Likewise, other essential International conventions have been enforced by courts in different parts of the world, like the India Establishment of Human Rights. For example, in the Indian setup, the practiced culture has championed eliminating all kinds of mistreatment, resulting from either the state or membership of the civil society (United Nations, 2020). The fundamental norm prevailing such thought of human rights is founded on demonstrating respect for human personality and its quality, irrespective of race, sex, color, religion, or other human concerns. These rights are essential for the excellent expansion of the human personality coupled with intrinsic value for human happiness. Apart from that, it is crucial to understand how Human Rights progress by protecting one’s rights from inception to death (Morsink, 1999). Such entitled rights are protected and upheld as one is recognized as a human family member, regardless of deliberation. Most importantly, these fundamental rights enable a person to develop to utilize one’s human intelligence, talents, and conscience to gratify spiritual and other human needs (Morsink, 1999). Subsequently, such rights are based on humans’ collective demand for an increasingly better life where there are respect and protection of people’s inherent pride and value.

Adoption of ‘Human Rights’ as Natural Rights

Adopting this new phrase “Human Rights” only occurred in this current century, especially after its extraction from the original expressions like Natural Right or Rights of Men (Morsink, 1999). It implies that the term ‘Human Rights’ is a newer name coined in this 21^st century after the subsequent development of natural law or natural right by Greek thinkers. For example, the Greek pundits opined that human beings possess ‘insight’ that guides their intuition towards goodness or badness (Kaur, 2014). All these variables wholly contribute to humans’ absolute and eternal worthiness. Equally, the Greek citizens have continuously enjoyed such human rights as isonomic (equality before law), isotonic (equal respect for all), and isogoria (equal freedom of speech) (Kaur, 2014). These three types of rights find place conspicuously within the modern jurisprudence of human rights. Under Greek Philosophy, such laws of nature are seemingly unwritten but practiced expressively among humans. Therefore, inherent human rights are inalienable.

Figure 2. Adoption and approval of international human rights

However, in the middle age, Thomas Aquinas was among the great thinkers who reiterated that the ‘natural law’ contains a higher sense of power and purpose than the favorable laws. Therefore, humans are entirely obliged to obey such laws. To Aquinas, any order or contraventions against the natural law should be disobeyed since they lack the moral validity to questioning human qualities (Marks, 2016). In this regard, outstanding academics like Hobbes and John Locke from England have developed freedom and liberty concepts. Notably, they wholly believed in the spirit of individual freedom coupled with equality of men. For example, Locke affirmed that some individual rights are ostensibly available to only human beings due to their existence in nature, even before humans decided to bring forth the idea of civil society (Marks, 2016). Consequently, the theory of humanly social contract was further expounded by Rousseau, who reasonably believed that the origin of human rights started with liberty, equality, and fraternity.

Universal Declaration of Human Rights

The idea of natural rights was incorporated into the constitution through revolutionary documents like the American Declaration of Independence. The founding fathers of the American Constitution, such as John Adams and William Jefferson got convinced beyond d reasonable doubt regarding natural rights. With the echoing of these rights by human laws, they became functional in courts of law. As a result, the courts started to defend human rights based on how such rules are enshrined in the constitution (OHCHR, 2020). Therefore, any violation would go against the state.

Figure 3. Pictorial representation of how human rights develop into desired outcomes

Apart from that, the Declaration upheld that truths are self-evident that all men are created equal and gifted by their creator with certain unchallengeable rights. Such inalienable rights include life, liberty, and the quest for happiness. Through the inspirations of the American Declaration of Independence, the French National Assembly in 1789 brought forth a formulated plan that mirrored the Declaration of Man’s Rights (OHCHR, 2020). The most impressive thing resulting from this Declaration’s adoption is incorporating the sacrosanct and natural law human rights into a state document. Thus, the sacrosanctity of these rights is further integrated into positive national law. In brief, the issuance of the French Declaration of the Rights of Man by the Constituent Assembly proclaimed that “men are born and remain freed and equal in rights; however, their social distinctions need to be based only on public utility” (UN, 2020). 

Consideration and Adherence of Human Rights among Religions

The issue of human rights has also surfaced among different religious inclinations.In particular, the old Hindu Scriptures mention individuals who, as citizens of the state, enjoyed both rights and were obligated by the state. Morsink (1999)stated that such rights and responsibilities are demonstrated concerning one’s duty to family, fellowmen, society, and the world. Dharna’s idea, which continuously governs Indian society, is much all-inclusive regarding modern practice and upholding human rights. For instance, a single chapter in the Gita seems enthusiastic to Karmayoga, the Yoga of works that explains work performance’s essentiality without expressing any selfish strings to the outcome (Morsink, 1999). The viewpoint of Karmayoga seems essential in ensuring the security of society’s welfare as one realizes that agency belongs to the works of prakrti (nature). On the other hand, there are two significant concepts in Buddhism: Hinayana and Mahayana. Therefore, Hinayana signifies a lesser kind of vehicle that confines the thought of salvation to a few chosen persons. In contrast, Mahayana implies a more effective means of salvation that applies to many people. Since Hinayana’s art supports all individual salvation, Mahayana intends to all have salvation (Shiman, 1993). In this regard, the viewpoint of Hinayana is individualistic, while Mahayana is common. Most importantly, the eightfold path towards the acclamation of Buddhism implies the need to uphold morality, meditation, and wisdom (Shiman, 1993). Indeed, they demonstrate that human rights are derived through the pure mind, empty of lust and ill-will. Moreover, Buddhism discusses the need to express one’s thoughtfulness of life’s insubstantiality and right to speech while shunning falsehood and challenging words. For example, the Buddhist period shows how people are supposed to be equal in all situations (Shiman, 1993). Consequently, people are entitled to treat others reasonably, just as they would do unto themselves.

Recommendations for Human Rights

The expeditious study of Human Rights is chiefly based on the Adi Granth, the Sikh scripture that seeks to embody tolerance, universalism, freedom, humanism, and equality. The practice and enshrining of these social values by Guru Nanak have provided guidance and direction towards which a person can grow and develop to become a spiritual being (Shiman,1993). On the other hand, the perception of such moral standing has brought forward the need for the approval and Declaration of Human Rights under the UN General Assembly. The recommendations of this Declaration enabled the general acceptability of International official documents, where human rights are considered of utmost essentiality (OHCHR, 2020). Such practice has also occasioned the human rights movement and civil society’s need to protect and uphold the fundamental natural laws. Justifiably, the Universal Declaration of human rights has recommended a preamble and 30 articles which explicitly bring forth human rights and fundamental freedoms without any form of discrimination (OHCHR, 2020). Imperatively, such suggestions need to apply to both men and women globally (Shiman,1993). Therefore, the Universal Declaration of Human Rights’ acceptance and assertion by the UN General Assembly has fruitfully helped achieve the essential integral part of human rights development.

Conclusion

Almost all articles of the Universal Declaration are echoed and practiced by a majority of the countries globally. Some items discuss expeditiously the need to protect human rights from any kinds of violations. Such fundamental human rights entail the rights to life, liberty, and security of a person. They may also include freedom from torture, cruel, inhumane treatment, or free from arbitrary arrest and detention. The adoption and Declaration of human rights under the UN General Assembly has brought forward the need to realize that human rights have an influential role in the national framework. The recommendations of this Declaration enabled the general acceptability of International official documents, where human rights are considered of utmost essentiality. In summary, the approval and Declaration of human rights have triggered the need for the human rights movement and civil society to protect and uphold the most fundamental natural laws.

References

Kaur, S. (2014). “Historical development of human rights.”Journal of Social Sciences Research, 6(2), pp. 996-999.

Marks. P. S. (2016). Human rights: A brief introduction. Harvard University School of Public Health, pp. 1-25.

Morsink, J. (1999). The Universal Declaration of human rights: Origins, drafting, and intent. Philadelphia: University of Pennsylvania Press.

Office of the High Commissioner for Human Rights (OHCHR). (, 2020). “International human rights law.” Accessed the 10th of December, 2020, https://www.ohchr.org/EN/HRBodies/HRC/Pages/AboutCouncil.aspx

Shiman, D. (1993). Teaching human rights, (Denver: Center for Teaching International Relations Publications, University of Denver, pp. 6-7.

United Nations. (, 2020). A history of human rights: Key human rights milestones throughout history. Amnesty International, pp. 1-18.