4 Historical Events That Led To The Advent Of Human Rights Part Il

Prof. Nitin Gomber

Doctrine of Natural Law and Human Rights

One of the oldest western philosophies on the advent of Human rights is the natural law theory. The said concept came out of Christian values. It was originally one rule, given by God, which humans must obey. Natural laws are those which involve an instinctive human ability to distinguish right from wrong. Then came the transformation of Natural Law to Natural Rights (which is subjective). Hobbes famously wrote: “The Right of Nature is the liberty each man hath, to use his own power, as he will himself, for the preservation of his own Nature; that is to say of his own Life; and consequently of doing anything, which in his own judgment and reason he shall conceive to be the aptest means thereunto.” Socrates was amongst the first scholars to promote human rights through the theory of natural rights by promoting the idea that human beings need to free themselves from the influence of emotions to have better control over their lives through reason. As Friedmann has rightly said, ‘the history of natural law is a tale of the search of mankind for absolute justice, and it’s failure.’ Hugo Grotius, Thomas Hobbes, John Locke and Immanuel Kant were the supporters of the natural rights theory.

Natural rights theories were prevalent before the advent of the nation-state with its organs and political set up. These theories contributed towards the development of the revolutionary concept of equal treatment of all men and women and inspired the democratic struggles forcing politics to protect the rights of citizens.

John Locke was the chief exponent behind the development of the modern natural rights theory in the Age of Enlightenment. Locke envisaged a state of nature where the human beings were in a state of equality and freedom where no one was subjected to the will or authority of another. To overcome the inconveniences of the state of nature, men and women decided to enter into a ‘social contract’ whereby they will create a body politic to protect the natural rights of – life, liberty, and property – all the human beings.

Scholarly Contributions towards development of Human Rights

Plato and Aristotle’s contributions: Plate, Socrates’s student, and Aristotle’s mentor, contributed extensively towards the development of the concepts of human rights law in its early years. Plato’s book ‘Republic’ is premised on the question: is it always better to be just than unjust? Both Plato and Aristotle visualized state as an institution where virtues could be impressed on the citizens who submit to its authority. According to them, without being a part of the state, man is like a beast, worse than animals. Aristotle predicted the concept of justice that will be practiced by citizens who are free and equal before the state. Plato justified the idea of justice by propounding that there cannot exist justice in a state where laws are passed for the betterment of a few rather than the society as a whole. Both Plato and Aristotle distinguished between that which was naturally just and that which was legally just.

Cicero’s contributions: Cicero, a Roman author, was a proponent of natural law and natural rights. He emphasized on the universal basis for justice and rights for every individual. Cicero expressed his views on natural law and its universal nature through three writings: On the Republic (54–51 B.C.), On the Laws (51 B.C.), and On Duties (44 B.C.). In his work, On the Republic, he provides for the existence of ‘a common law of nature’ which provides a higher standard than the civil law, a law of nature that gives both privileges or rights, and responsibilities or duties to the truly wise. In his second work, On the Law, Cicero speaks about the power of the humans to reason which helps him to distinguish between all that is right and wrong; all honorable and disgraceful things.

Epictetus’s contributions: Epictetus was born as a slave but went onto become a Greek-speaking Stoic philosopher. He emphasized on the concept of fate where each individual can live the best possible life through his interpretation of external situations. He stated, “No man is free who is not master of himself.” His teachings could be summed up in three words: tranquillity, fearlessness, and freedom.

Religious Writings and Human Rights: The Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest written sources which address questions of people’s duties, rights, and responsibilities. Even though the words “Human Rights” do not appear directly in any of these religious texts yet religion provides the basis for the existence of human rights theory as stemming from a law higher than the law of the state and the law whose source is the Supreme Being. According to the Old Testament, Adam is the image of God. This gives human beings a high value of worth. Similarly, the Koran provides “surely we have accorded dignity to the sons of man, ” and the Bhagwad Gita provides that “Who sees his Lord/Within every creature/Deathlessly dwelling/Amidst the mortal: That man sees truly . . . .”

Theologically, human beings are the creation of the Supreme power and should, therefore, be considered sacred. The rights that flow from the religious texts are divine and inalienable by mortal authority.

– The Hebrew Bible: A few verses from the Hebrew Bible that reflect on the connection between the Bible and the human rights are reproduced below:

“Do not take advantage of a hired man who is poor and needy, whether he is a brother Israelite or an alien… otherwise, he may cry to the Lord against you, and you will be guilty of sin. (Deut. 24:14-15)”

“Did not he who made me in the womb make them? And did not the same One fashion us in the womb? (Job 31:15)”

“Seek justice (mishpat), rescue the oppressed, defend the orphan, plead for the widow.”

“Woe to those who make iniquitous decrees, who write oppressive statutes, to turn aside the needy from justice and to rob the poor of my people of their rights (misphat), that widows may be your spoil, and that you may make the orphans your prey! (Isa. 10:1-2)”

“They shall beat their swords into ploughshares, and their spears into pruning-hooks; nation shall not lift up sword against nation, neither shall they learn war any more.”

– The Koran: According to Prof. Riffat Hassan, the Koran is the Magna Carta of Human rights and enshrines the principles of freedom of human beings from bondage of traditionalism, authoritarianism (religious, political, economic, or any other), tribalism, racism, sexism, slavery or anything else that prohibits or inhibits human beings from actualizing the Qur’anic vision of human destiny embodied in the classic proclamation: “Towards Allah is thy limit” (Surah 53: An-Najm: 42). A few surah’s from the Koran that reflects on the connection between the Koran, and the human rights are reproduced below:

“do not take any human being’s life¾(the life) which God has declared to be sacred — otherwise than in (the pursuit of) justice: this has He enjoined upon you so that you might use your reason.” Surah 6: Al-An’am: 151.

“Now, indeed, We have conferred dignity on the children of Adam.” Surah 17: Al-Isra’:70.

“O you who have attained to faith! Be ever steadfast in your devotion to God, bearing witness to the truth in all equity; and never let hatred of any one lead you into the sin of deviating from justice Be just: this is the closest to being God-conscious.” Surah 5: Al-Ma’idah:8

“O ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye serve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do.” Surah 4: An-Nisa’: 13f

“It is not (possible) that a man, to whom is given the Book, and Wisdom, and the Prophetic Office, should say to people: “Be ye my worshippers rather than Allah’s.” On the contrary (He would say): “Be ye worshippers of Him Who is truly the Cherisher of all.” Surah 3: Al-`Imran: 79

The League of Nations

After the World War I attempts were made to secure peace settlement and preserve human rights through the establishment of an organization called the League of Nations. Despite resentment on including provisions for the protection of minorities and ensuring equality of nations and just treatment of nationals, two articles dealing with human rights did find their place in the covenant of the League of Nations. Article 22 provided that the countries which were formerly governed by the Sovereign States but have ceased to be so now and are inhabited by people who cannot yet stand by themselves in the current world will be put under the tutelage of advanced nations.13 These advanced nations will be the mandatories on behalf of the League of Nations and would be responsible for administration including – ensuring freedom of conscience and religion and prohibition of abuses – in these territories. Article 23 enunciated that members of the Covenant will attempt to secure and maintain fair and humane labour conditions, secure just treatment for the native habitants and commit the supervision of agreements relating to the traffic in women and children with the League. The League of Nations also contributed towards protection of slaves by creating a committee to study slavery which further drafted the Slavery Convention of 1926.

International Labour Organization

International Labour Organization (ILO), like the League of Nations, was also created after the First World War. ILO was established with an objective to pursue a vision based on the premise that universal, lasting peace can be established only if it is based on social justice. It was recognized as the first specialized agency of the United Nations Organization in 1946. Since its origin, ILO has adopted over a hundred conventions which fix international standards on areas many of which deal with human rights.

Second World War, The Birth of United Nations and Universal Declaration of Human Rights

In the wake of the two destructive World Wars, there were revolutionizing developments in the realm of international law of human rights. As the Second World War came to an end, the world felt horrified at the effects produced by wars and the governments then committed themselves to establish the United Nations Organization with an objective to maintain peace, prevent conflict and reaffirm faith in basic human rights. The most significant post war development was the creation of the United Nations Organization (UN) with an objective “to promote respect for human rights and fundamental freedoms.” In late 1945, leaders of the world’s nations met in San Francisco to form the United Nations. Inspired by the great South African pre-apartheid leader Field-Marshall Smuts, they included in the preamble to the Charter of the UN, an important reference to human rights which reads as:

“We the peoples of the United Nations determined –

…to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”.

The UN Charter provided for the establishment of a Commission of Human Rights. The UN charter placed the promotion of human rights equal to the maintenance of international peace and security. Through Articles 55 and 56, signatories to the Charter pledge to take joint and separate action “in cooperation with the Organization” for the promotion and universal respect of human rights. In an Advisory opinion on the Continued Presence of South Africa in Nambia, ICJ has reiterated the importance of these provisions by stating that the members are bound to observe and respect human rights.

Apart from a few other references to human rights in the UN Charter, Article 68 was inserted that provided for setting up a Commission on Human Rights by the Economic and Social Council. In 1947, the first Commission was set up and assigned the task of drafting an international bill of Human Rights. The Commission on Human Rights decided that the International Bill of Human Rights would have three parts: a declaration, a convention(s) and measures of implementation. The Commission decided that the declaration should contain both civil and political and also economic and social rights but the same time it should be concise and an inspirational document that serves as a foundation for all human rights. For this reason, the Commission decided to separate the formally legally binding covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) from the initial declaration. The Commission decided to name the document as Universal Declaration of Human Rights (UDHR) to emphasize its objective of laying down standards of rights for all people everywhere – whether male or female, black or white, communist or capitalist, victor or vanquished rich or poor, for members of a majority or a minority in the community.

After long meetings, revisions, and discussions on December 10, 1948, the General Assembly endorsed the text of the UDHR. In the 21st century, UDHR is regarded as possibly the single most important document for establishing human rights standards universally. It is the based on the foundational belief of creating a world where each human being can live in dignity and peace. Now the declaration as achieved such a stature in the realm of human rights law that its founders wouldn’t have expected. UDHR has become an integral part of the UN and is often referred in various resolutions. It has certainly become a part of the customary international law, as well and its importance continues to grow steadily.

When in 1968, the UN organized the twentieth anniversary of the Human Rights Movement in Tehran, Iran, the liberation of nations formerly under imperial rule was presented as the most significant achievement of the long march of human rights.

Resolutions and Declarations

The adoption of resolutions and declarations on various aspects of human rights by international organizations has considerably shaped the development of human rights law. Even though such resolutions and declarations are not binding upon the nations, yet they reflect the moral consensus among the states regarding what is required in the area of human rights. In addition to the adoption of the UDHR, which has been discussed above, United Nations General Assembly has adopted numerous other declarations focusing on the protection of specific human rights. Some of them are:

• Declaration of the Rights of the Child, 1959
• United Nations Declaration on the Elimination of All Forms of Racial Discrimination, 1963
• Declaration on the Elimination of Discrimination against Women, 1967
• Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1975
• Declaration on the Rights of Disabled Persons, 1975
• Declaration on the Protection of all Persons from Enforced Disappearance, 1992

Therefore, Declarations as ‘soft law’ play an increasingly important role in the development of thematic mandate and clarify the specific content of treat-based human rights guarantees.

Role of NGO’s

There are numerous non-governmental organizations that are actively engaged at the international level in the task of promoting human rights. Most of these organizations work closely with the locales facing the various violations. Their functions include investigating complaints, raising the concerns with the national government and various international governmental organizations and policy making. These organizations are often engaged in the task of education people about their human rights and how the abuse of those rights can be prevented or addressed. Some of them are named here:

• – Amnesty International:
• – Children’s Defense Fund (CDF)
• – Human Rights Action Center
• – Human Rights Watch
• – Human Rights Without Frontiers: (HRWF)
• – National Association for the Advancement of Colored People (NAACP)
• – Human Rights Council

Conclusion:

The concept of Human Rights, to begin with, emerged intertwined with the concept of Nation-State, the basic tenet of which was freedom from oppression. The concept of Human Rights now is focused more on the right of an individual, his liberties, his freedom, irrespective of the Nation he resides in. The foregoing evolution took place in a phased manner. Some of the events that triggered the said evolution have been discussed. It must be noted, however, that World Wars I and II played a major role in triggering the immediate need for such a change. As understood in the modern world, Human Rights are inalienable rights that every human being is endowed upon by virtue of his being a human.

There is no factual clarity on how did the concept of Human Rights evolve during the years. Modern day Human Rights come from “Universal Declaration of Human Rights, 1948” (UDHR). It came about as a direct result of the consequences the world had faced with the advent of World War II. The purpose of arriving at UDHR was to avoid passing on the burden of war to future generations.

Reference

1. The Universal Declaration of Human Rights: Origins, Drafting, and Intent, Johannes Morsink, University of Pennsylvania Press.
2. NGO’s and the Universal Declaration of Human Rights: A Curious Grapevine, W. Korey, Springer Publications.
3. Finnis, J., 2011. Natural Law and Natural Rights, 2nd edn., Oxford: Oxford University Press.