The understanding of certain fundamental rights being inherently granted to an individual based on their characteristic of being a human being are ‘human rights’. Human rights are the moral values that empower individuals to live with equality, freedom, dignity, justice, and peace. The grant of these values is beyond the intersectionalities of race, class, color, gender, religion, language, geographical location, the status of birth, political or social affiliations, etc. The first seeds of human rights were seen in 576BC when Cyrus the Great declared that citizens of the empire be granted the right to practice their religion freely and the abolishment of slavery. This was followed by the Achaemenid Persian Empire in ancient Iran (6th century) who established the first principles of human rights. Magna Charta Libertatum (1212), the Golden Bull of Hungary (1222), the Danish Erik Klipping’s Handfaestning (1282), the Joyeuse Entrée (1356), the Union of Utrecht of Netherlands (1579) and the English Bill of Rights (1689) formulated the next generation of human rights (Icelandic Human Rights Center). The middle ages evolved adding the concept of liberty as separate from the status of individuals reinstating the notion of human rights being inherent irrespective of any intersectional factors such as- class. The interpretation of human rights as a privilege by the previous generations was eliminated in the middle age. This was achieved through the unforgettable contribution of Francisco de Victoria (1486-1546) and Bartolome de las Casas (1474-1566) who yielded the foundational doctrine of recognition of dignity and freedom for all individuals. Human rights evolved through a course time of three generations- enlightenment, socialist tradition, and solidarity rights. During this evolution, the theory of human rights expanded into the political and judicial sphere as well.
The Stage of Enlightenment (17th-18th centuries)
Associated with the French, American and English revolutions 17th and 18th centuries marked the foundations of civil and political rights known as the stage of enlightenment in political theory. Origins of human rights theory trace back to Greek philosophy. In the 18th century, the idea of human rights came into sights as a definite category that viewed individuals as autonomous beings with inherent fundamental rights which must be enshrined and safeguarded by the government. The stage of enlightenment was influenced by John Locke’s comprehensive concept of natural rights which charted out rights in relation to concepts of- liberty, life and property. The French Declaration des Droits de I’Homme et du Citoyen is where the term ‘human rights’ appeared for the first time. This stage of human rights believed in restricting the government’s role and action of the state.
The Stage of Socialist Tradition (19th century)
The second phase of human rights is of the socialist tradition which incorporates- social, cultural and economic rights influenced by the socialist traditions of Lenin and Marx. The stage of socialist tradition views human rights with a comparatively positive lens encouraging state intervention. The Mexican Constitution (1917), the Soviet Union Constitution (1918) and the German constitution (1919) charted out roles and responsibilities in areas of welfare, employment, education and public health instating the concept of- social rights. The inter-state conflicts for the protection of minority rights in Europe resulted in various humanitarian interventions raising the need for international protection arrangements. The Treaty of Berlin in 1878 was one such arrangement that granted special rights to certain religious minorities. End of the 19th century raised concerns towards the needs for international standards of human rights because of the introduction of labor legislation by the thriving industrial economies. This led to the start of discussions and deliberations among nations. The concept of human rights was incorporated in the sphere of international law with the signing of the UN Charter in 1945 which pledged to take up measures to safeguard human rights. Early 1946 witnessed the establishment of the United Nations Human Rights Commission (UNHRC) by introducing the Universal Declaration of Human Rights (UDHR) considered a milestone document in the history of human rights presented in the UN General Assembly. Marking the Paris Declaration of 1948, 10th December is celebrated as an international human rights day. Drafted by representatives of various intersectional cultural, geographical and legal backgrounds the UDHR is a common standard of achievement for all individuals and nations.
The International Covenant on Economic, Social and Cultural Rights, 1976
Establishing and safeguarding social, cultural and economic rights the Covenant incorporated and promoted the following rights-
- The right to work in favorable and just conditions
- The rights to social protection and adequate standards of living to the highest attainable standards of physical and mental well-being
- The right to education and enjoyment of benefits of cultural freedom and scientific progress (United Nations)
The International Covenant on Civil and Political Rights
The Covenant acted towards the rights of equality before the law, freedom of movement, freedom of thought, freedom of opinion and expression, freedom of association, conscience and religion, the right to a fair trial and presumption of innocence, equal participation in public affairs and elections and the production of minority rights. With its First Optional Protocol in 1976 and Second Optional Protocol in 1989, the Covenant prohibited torture, cruel or degrading treatment, slavery or forced labor, deprivation of life, arbitrary detention or arrest, discrimination, and war propaganda. (United Nations)
The Stage of Solidarity Rights (20th century)
In the most recent generation of human rights in the 20th-century views are products of the rise and fall of the nation-state. Defined as the ‘common heritage of mankind’ the third generation of human rights incorporates social, cultural, political and economic rights towards a holistic development. The definite nature of human rights is considered a crucial prerequisite to human development. This also reinforces the relation between individuals and the state known as the ‘vertical effect’ of human rights. The era of modern human rights are carved out of the struggles of genocide, slavery, discrimination and government oppression.
- Human Rights charted in the International Bill of Rights-
- Equality and freedom from discrimination
- Life, liberty and personal safety
- Education
- Social security
- Health
- Work
- Food and housing
- Participation in government bodies and organizations
- Freedom from torture and degrading treatment
- Fair trial
- Privacy
- Belief and religion
- Opinion and thoughts
Types of Human Rights
- Social Rights
Charted through social contract social rights are moral rules to satisfy the social needs of individuals and to promote social inclusion and solidarity. Social rights require that the state renounce interference in individuals exercising their rights. The Indian Constitution enshrines social rights in Part II (Fundamental Rights) and Part IV (Directive Principles) of the Constitution. Social rights can also be understood as basic entitlements of individuals granted by the state.
Frank Michelman argues, the fact that social rights make budgetary demands or call for government action and not just forbearance, does not in itself differentiate them radically from the standpoint of justiciability from constitutionally protected rights to equality before the law, right to speech and expression or to so-called negative liberties (The Constitution, Social Rights and Liberal Political Justification).
In the late 1970’s beginning from the Maneka Gandhi case, the Supreme Court (SC) of India spread to Article 21 (guarantee of the right to life) to include to notion of social rights. This spread of Article 21 has successfully transformed social rights into becoming de facto justiciable and permissible by the courts of India.
In the Bandhua Mukti Morcha (1984) the SC dictated guidelines to identify, release, and rehabilitate bonded labor to guarantee minimum wages and charting labor laws. Along with this, monitoring agencies were set up by the SC to continuously monitor the implementation of the directives guaranteeing social rights of labor in India.
- Civil Rights
A crucial component of democracy, civil rights guarantee individuals with social opportunities and protection under law. This grant is given to all individuals irrespective of their intersectional differences of caste, class, gender, race, religion etc. The right to vote is a classic example of civil rights. The primary aim of civil rights is to offer citizens equal treatment protecting individuals from unjust treatment. Civil rights protect individuals from contravention by individuals, social organizations and governments. The term civil rights were repeatedly used in reference to the rights charted out in the first eighteen articles of UDHR. In 1968, the Indian government passed the Indian Civil Rights Act in response to the abuse Indian tribes were facing by the tribal governments.
The Indian state recognizes the following civil rights drafted out in the Indian Constitution-
- Right to Equality
- Right to Justice
- Right to Life
- Right to Education
- Right to Personal Freedom
- Right to Religious Freedom
- Right to Freedom of Thought and Expression
- Right to Freedom of Movement
- Freedom of Press
- Right to Cultural Freedom
- Political Rights
Political rights offer citizens the equal right to participate in government agencies and bodies, freedom of expression and universal suffrage. The UDHR safeguarded political rights in Article 19 and 21. Political rights also incorporate the freedom of association and assembly. Political rights include-
- Right to vote– where every (adult) citizen is granted with the right to vote and elect their representatives irrespective of their caste, class, gender, tribe, religion
- Right to get elected– where every individual has the right to participate in public office- legislature, municipal committee or panchayat as an elected working member
- Right to hold public office– where citizens are given the right to hold public office after getting elected without any discrimination
- Right to petition– which grants citizens the right to send applications to authorizes for grievance redressal
- Right to form political parties– which grants citizens the right to formulate their own political party and participate in the political process without any form of discrimination
- Economical Rights
A vital element of human rights- economic rights guarantee housing, sustenance, health, education and employment for all individuals irrespective of any disparities. Economic rights include the right to work and favorable conditions to work, right to (adequate) food, social security, housing, clothing and health care. Economic rights also expand to the protection of the family. The Minimum Wages Act of India is an example of safeguarding and ensuring the economic rights of citizens. The Indian Constitution secures economic rights in Article 39 of the Directive Principles of State Policy guaranteeing citizens the equal right to adequate means of livelihood and the right of equal pay for equal work.
- Cultural Rights
Article 27 and 28 of the UDHR list out cultural rights for individuals and nations which include the right to freely participate in cultural life and protect the moral and material interests of cultures and individuals. Cultural rights safeguard components of ‘culture’ which expand to religion, society, and ideology over the components of equality and dignity. Cultural rights reinstate the protection of individuals and groups which share a common belief, heritage, cultural and religious practices and ideologies. Such rights safeguard the identity and rights granting cultural autonomy and protection giving all groups an equal status establishing a safe space to practice their culture.
The importance of human rights has been discussed and deliberated over centuries by thinkers, philosophers, and policy designers. Charted out and safeguarded by the Indian Constitution human rights protect the interests of individuals and groups. In several instances, the Indian state has witnessed the violation of human rights. Legislations such as the Sexual Harassment at Workplace Act, decriminalizing Section 377, and criminalizing triple talaq are examples of reinforcing and safeguarding human rights. On the other hand, instances such as the Rohingya crisis, Article 370, and the Citizenship Act are examples of clear violations of human rights in the Indian state. We must always remember that human rights are the foundational ground of human development or the development of a society or nation-state.
References:
https://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-fora/part-i-the-concept-of-human-rights/definitions-and-classifications
http://w nnnn nww.theadvocatesforhumanrights.org/human_rights_basics
https://faculty.chass.ncsu.edu/slatta/hi216/hrtypes.htm
https://www.un.org/en/sections/issues-depth
http://www.ebc-india.com/lawyer/articles/2004v6a4.htm#Ref5
https://civilrights.findlaw.com/civil-rights-overview/civil-rights-and-law.html
