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Origin & Development of Human Rights Law

The following are significant turning points in the development of human rights −

The Magna Carta, 1215

The Magna Carta, commonly referred to as the "Great Charter," was written in 1215 and is the most important
constitution ever created. Its principal focus was defense against the king's arbitrary actions. The 63 provisions of the
Charter safeguarded the barons against unfair levies while guaranteeing citizens' fundamental civil and legal rights.
The English Church was also free of royal interference. On June 15, 1215, King John of England gave the English
barons the Magna Carta. The barons refused to pay high taxes until the king signed the charter; therefore, the king
was forced to give it.
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The English Bill of Rights, 1689

The next source and development of human rights is the English Bill of Rights, adopted on December 16, 1689, by the
British Parliament. According to the English Bill of Rights, the king has no superfluous power. The Bill of Rights
explained and formalized citizens' rights and liberties as well as the customary laws. The two pillars—the supremacy
of the law and national sovereignty—upon which the English constitution is based are laid out in this document.

American Declaration of Independence, 1776

The thirteen American States were the first colonies to rise up in rebellion against England. On July 4, 1776, these
states made their declarations of independence from their home countries. In addition to proclaiming the American
colonies' independence, the statement accuses the king of oppression. As it justified the right to rebel against a
government that no longer protected a person's natural and inalienable rights, the declaration of independence has
tremendous historical significance.

The U.S. Bill of Rights, 1791

The United States Constitution was adopted on September 17, 1787. The most obvious flaw in the original
Constitution was the lack of a Bill of Rights pertaining to individual liberty and private rights. Madison consequently
suggested a Bill of Rights that included up to twelve amendments. The state legislatures approved ten of these. The
Bill of Rights is the name given to these 10 constitutional amendments. The Bill of Rights' overarching message is that
citizens should be shielded from government officials abusing their authority.

The French Declaration of the Rights of Man and of the Citizen, 1789

France entered a new era with the fall of the Bastille and the National Assembly's repeal of feudalism, serfdom, and
class privileges. The Rights of Man and of Citizens were declared by the National Assembly on August 4, 1789. In 17
articles, the rights were outlined. The Declaration of the Rights of Man and of the Citizen has profound historical
significance not just for France but also for Europe and all of humanity. A new social and political order based on lofty
and brilliant values was established as a result of the statement, which also served as the death sentence for the
previous administration. Furthermore, the declaration served as the foundation for other constitutions drafted in
various nations where human rights were highly valued.

Declaration of International Rights of Man, 1929

After World War I, concerns about fundamental liberties and human rights started to surface. The Declaration of
International Human Rights was approved by the Institute of International Law in 1929. In the Declaration, it was said
that the fundamental rights of citizens, which are recognized and protected by many domestic constitutions,
including those of France and the United States, were actually intended for all men everywhere on the globe,
without exception.

The UN Charter, 1945

The United Nations Charter was drafted, approved, and unanimously adopted by all the delegates of the 51 states,
who attended the United Nations Conference in San Francisco. Human rights promotion and protection are
addressed in the UN Charter. The significance of the Charter comes from the fact that it is the first official document
where the term "human rights" is used and where respect for basic freedom is also acknowledged.

The Universal Declaration of Human Rights, 1948

On December 10th, 1948, the United Nations General Assembly approved the Universal Declaration of Human
Rights. All men, women, and children are guaranteed civil, political, economic, social, and cultural rights under the
thirty articles of the Declaration. However, the declaration is not a binding legal document. It represents the best of
humanity.
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International Covenants on Human Rights

The 1948 Universal Declaration of Human Rights was not a legally binding document. It lacked enforcement. The U.N.
General Assembly endeavored to address this shortcoming by adopting the two Covenants in December 1966,
namely

 International Covenant on Civil and Political Rights and

 International Covenant on Economic, Social, and Cultural Rights

The two International Covenants, together with the Universal Declaration and the Optional Protocols, comprise the
International Bill of Human Rights. An important turning point in the development of human rights is the
International Bill of Human Rights. It is a contemporary Magna Carta for human rights.

Conclusion

The evolution of human rights has taken place over centuries. The twentieth century witnessed the crystallization of
the philosophy of Human Rights when the United Nations adopted the UN Charter in 1945, the Universal Declaration
of Human Rights in 1948, and the International Covenants on Human Rights, with further emphasis on the protection
of the rights of women, the abolition of slavery, racial discrimination, civil and political rights, economic, social, and
cultural rights, and most importantly, the rights of children.

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Evolution and Historical Development of Human Rights

The evolution of human rights is a complex and multifaceted process that spans centuries, influenced by various
philosophical, religious and legal traditions. Understanding this historical development provides insight into how the
modern framework of human rights has been shaped and the significant milestones that have contributed to its
establishment.

Early Philosophical and Religious Foundations

The roots of human rights can be traced back to ancient civilisations and their philosophical and religious teachings.
In ancient Greece, philosophers such as Socrates, Plato and Aristotle pondered the nature of justice and the role of
individuals within society. These early thinkers laid the groundwork for the concept of natural law, which posits that
certain rights are inherent by virtue of human nature.

Simultaneously, religious traditions played a significant role in shaping early human rights concepts. For instance,
Judeo-Christian teachings emphasised the inherent dignity and worth of every individual, created in the image of
God. Similarly, in ancient India, Buddhist and Hindu doctrines advocated for compassion, non-violence and respect
for all living beings.

In India, the principles of Dharma in Hinduism and the teachings of Ahimsa (non-violence) in Jainism significantly
contributed to the early understanding of human rights. The Buddhist emphasis on equality and compassion further
enriched this perspective. Ancient Indian texts like the Vedas, Upanishads and the Arthashastra of Kautilya contain
references to the duties of rulers and the rights of subjects, highlighting an early recognition of the need for just
governance and the protection of individual rights.

Medieval Contributions

During the medieval period, the notion of human rights continued to evolve, particularly through the influence of
religious and philosophical thought. The Magna Carta, signed in 1215, is a landmark document in this regard.
Although primarily a political agreement between King John of England and his barons, the Magna Carta enshrined
certain fundamental liberties, such as the right to a fair trial and protection from arbitrary imprisonment.
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Theologians like Thomas Aquinas further developed the concept of natural law during this period. Aquinas argued
that human beings possess inherent rights derived from divine law, which should inform the laws created by human
societies. His work provided a moral foundation for the later development of human rights theories.

In India, the medieval period saw the influence of Islamic jurisprudence with the establishment of various Sultanates
and the Mughal Empire. The principles of justice and protection of individual rights under Islamic law contributed to
the region’s legal and human rights traditions. Akbar the Great, a Mughal emperor, implemented policies of religious
tolerance and promoted social reforms that emphasised the protection of individual rights and freedoms.

The Enlightenment and the Birth of Modern Human Rights

The Enlightenment era (17th and 18th centuries) marked a pivotal shift in the development of human rights.
Philosophers such as John Locke, Jean-Jacques Rousseau and Voltaire championed individual liberties and the idea of
social contracts. Locke’s theories of natural rights, including the right to life, liberty and property, were particularly
influential.

The American Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citisen
(1789) were revolutionary documents that enshrined these Enlightenment principles. They articulated the belief that
all individuals possess inherent rights that governments must respect and protect. These declarations laid the
groundwork for modern constitutional democracies and the rule of law.

19th and Early 20th Century Developments

The 19th and early 20th centuries witnessed significant advancements in the recognition and protection of human
rights. The abolition of slavery, driven by moral and humanitarian arguments, was an important milestone. The 13th
Amendment to the United States Constitution (1865) and the Slavery Abolition Act in the British Empire (1833)
exemplified this progress.

Simultaneously, the labour movement emerged, advocating for workers’ rights and better working conditions. This
period also saw the women’s suffrage movement gain momentum, culminating in the 19th Amendment to the U.S.
Constitution (1920) and the Representation of the People Act in the UK (1918), granting women the right to vote.

The horrors of World War I and the subsequent formation of the League of Nations further highlighted the need for
international cooperation to protect human rights. Although the League’s Covenant did not explicitly mention human
rights, it established principles of justice and respect for international obligations.

In India, the 19th and early 20th centuries were marked by the struggle against British colonial rule and the quest for
independence. Leaders like Mahatma Gandhi emphasised non-violence and civil disobedience as means to achieve
political and social rights. The Indian National Congress, founded in 1885, played a pivotal role in mobilising the
masses and advocating for civil liberties and political rights.

The United Nations and the Universal Declaration of Human Rights

The aftermath of World War II and the Holocaust underscored the urgent need for a global framework to protect
human rights. The founding of the United Nations (UN) in 1945 marked a significant step toward this goal. The UN
Charter affirmed the organisation’s commitment to promoting human rights and fundamental freedoms for all.

In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR), a landmark document
that enumerates civil, political, economic, social and cultural rights. Drafted under the leadership of figures such as
Eleanor Roosevelt, the UDHR set a global standard for human rights protection. It proclaimed that “all human beings
are born free and equal in dignity and rights” and outlined specific rights, including the right to life, liberty and
security; freedom of thought, conscience and religion; and the right to work, education and an adequate standard of
living.

India, as a founding member of the United Nations, played an active role in the drafting of the UDHR. Indian leaders,
including Hansa Mehta and M.C. Chagla, contributed significantly to the formulation of the declaration, ensuring that
it reflected a universal and inclusive vision of human rights.
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Post-UDHR Developments in India

The UDHR inspired numerous international treaties and conventions aimed at protecting human rights. The
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR), both adopted in 1966, together with the UDHR, form the International Bill of Human Rights.

In India, the adoption of the Constitution in 1950 marked a significant milestone in the country’s commitment to
human rights. The Indian Constitution enshrines fundamental rights, including the right to equality, freedom of
speech and expression, protection from discrimination and the right to life and personal liberty. These rights are
justiciable, meaning individuals can seek legal redress if their rights are violated.

Several landmark Supreme Court judgments have further strengthened human rights in India. The Kesavananda
Bharati case (1973) established the doctrine of the basic structure of the Constitution, ensuring that certain
fundamental principles cannot be amended. The Vishaka case (1997) led to guidelines for the prevention of sexual
harassment in the workplace, underscoring the protection of women’s rights.

Conclusion

The evolution and historical development of human rights markes humanity’s recognise for dignity, justice and
equality. From ancient philosophical and religious foundations to the modern international human rights framework,
this journey reflects the collective aspiration for a world where every individual enjoys fundamental freedoms and
protections.