Human Rights Law Notes

HUMAN RIGHTS LAW
UNIT I.:- Introduction
B. Origin and Evolution
The term 'right' indicates a behaviour, action, or a policy that is morally good or
justified; required by law or duty. In subjective terms, right connotes power to
exact or to do something.
The concept of right is as old as the world. Right is something, which arises
from the obligation; it is something, which imposes a constraint, whether by
way of forbearance, acquiescence or active support, on the people.
Human Rights
According to Andrew Heywood, the author of several political textbooks like

Politics, political ideologies and global Politics, Human Rights are rights to
which people are entitled by virtue of being human, they are a modern and
secular version of "natural rights". There are four characteristics to define
human rights
First, they are universal. Human rights belong to everyone without

discriminating against any particular race, religion, caste, creed and other such
differences,
Second, they are fundamental in the sense they are crucially important and are
of prime importance,
Third, they are absolute implication is that they are basic for each individual,
Fourth, they are indivisible.
In simpler terms, the rights that each individual is entitled to as human beings,
are referred to as human rights. The essential characteristic to remember about
human rights is that they are universal and they are entitled to each human being
regardless of their nationality, race, and religion and so on.
Evolution of human rights
Evolution of human rights can be studied into two main perspectives; they are -
(A) Religious or philosophical perspectives on evolution of human rights
(B) Legal perspectives on evolution of human rights

(a) Religious/philosophical perspectives on evolution of human rights:
Vedic Literature;
The Vedas being written well before three thousand years ago are regarded
among the oldest religious and philosophical writings. An account of the
development of the concept of human rights is incomplete without recognizing
the contribution of the Vedic literature. Therefore, as mentioned in the Vedas, a
human being has a right to live, right to achieve success, right to perform good
work and share the fruits of it to others and right to perform religious rituals.
According to the Vedas, a human being has a right to live. He has a right to seek
opportunities to live happily, divinely and peacefully.
There were notions in the ancient literature which inspired principles like
Universal Brotherhood, Peace and Justice.
The concept of human rights is the focal point of the Vedic Literature. It is
evident from the Atharva Veda which recognises the right to happiness for all
individuals and makes it obligatory for the King to protect this right. Therefore,
it can be said that the first account of human rights in the world was given in the
ancient Indian literature.
The Code of Hammurabi (1795-1750 B.C.)
The king of Babylon-Hammurabi is credited to have given the earliest

framework of laws. The unique feature of the code was that it was carved out in
stone and kept in public view. While many portions of the code would be
regarded as barbaric today, many aspects of the code laid down the basic human
rights principles.
The Babylonian king Hammurabi issued set of laws to his people called as
Hammurabi 's codes, which established fair wages, offered protection of
property and required charges to be proven at trial. The Code of Hammurabi
from about 1800 B.C. is often cited by historians for its foundational place in
the western tradition of human rights. Two hundred eighty two mostly rational
clauses governed Babylonian existence and were rooted in "eye for an eye"
justice. Of course, there was great disparity between judgement on nobility and
judgment on slaves.''
Cyrus Cylinder (c. 539 B.C.)
Upon the conquest of Babylon, Cyrus the Great issued this document giving an
account of the reforms which defined his rule. The empire of Cyrus the Great
spanned across twenty five nations spread across three continents. He is said to
have established the first religiously tolerant empire which embraced the
diversity of religions, languages, races and cultures. His contribution in the
development of human rights is considered as significant due to respect for the
culture and religions of all nations in his reign.
The most significant aspect of this declaration was that freedom that was
granted to the slaves. Moreover, the Charter of Freedom guaranteed the freedom
of religion. Never before this charter, had the world seen such tolerance from
the king with regard to religion. When oppression of the conquered had become
the norm for all the conquerors, he made a declaration expressly disallowing all
forms of oppression. He also prescribed punishment for all such kinds of
oppression. The Right to Property was another major reform that he brought in
the sphere of human rights. He made an express declaration with regard to the
protection of movable and immovable property from forced acquisition and
without due compensation. This charter was a revolution in itself as it
established a social order which is followed by the world as a model. The other
cornerstone of this document was the prohibition on unpaid and forced labour.

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HUMAN RIGHTS LAW

UNIT I.:- Introduction

B. Origin and Evolution

According to Andrew Heywood, the author of several political textbooks like

First, they are universal. Human rights belong to everyone without

Fourth, they are indivisible.

Evolution of human rights

(B) Legal perspectives on evolution of human rights

The Code of Hammurabi (1795-1750 B.C.)

The king of Babylon-Hammurabi is credited to have given the earliest

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