Historical Development Of Human Rights

Human rights were not suddenly discovered. It’s not that anyone has discovered human rights by sitting in a laboratory or meditating on a hilltop. Human rights have existed since the beginning of human civilization, from the birth of the human child. It is natural. It exists in society. Only from time to time do we civilized societies recognize or deny human rights. Which we will accept as human rights and which we will not accept depends on the whole society. Human rights are the basic human rights that are necessary for the highest standard of living or for the formation of quality of life. However, in this article, we will explore the historical development of human rights throughout the history of human civilization and also discusses the evolution of the concept of human rights. Let’s get started.

The expression of Human rights is basic political and social conditions, variously defined, to which every individual is entitled as a human being. Originally, they were called natural rights or the rights of man and included the rights to life, liberty, and the pursuit of happiness.

Human rights come with the birth of a human being, regardless of caste, creed, religion, sex, or nationality. Human rights are those things that are essential to developing individuals as perfect human beings and can be defined as human rights. These rights are inalienable and fundamental by nature. Also, these rights are inherent to every human being as they are achieved by the birth of a human being.

Historical Development Of Human Rights

The profound history of human rights did not come into today’s form in one day. With the passage of time, civilization, and human rights have reached today’s phase as the history of human civilization has been enriched.

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Concepts of ethical behavior, justice, and human dignity have been crucial in the evolution of human civilizations throughout history, as has the question of the individual’s relationship to the larger community. Such concepts can be traced back to Babylonian, Chinese, and Indian cultures. They influenced Greek and Roman law, and Buddhist, Christian, Confucian, Hindu, Islamic, and Jewish teachings all include them. Ethics, justice, and dignity were equally essential concepts in communities that did not leave written records.

Prior to the two world wars, the historical development of human rights can be split into the following periods:

Human Rights Prior To The Greek Period

The Hammurabi tab is one of the earliest examples of a codification of laws that includes allusions to individual rights. Around 4000 years ago, Sumerian monarch Hammurabi crafted the tablet. While cruel by today’s standards, the 282-law system established a prototype for a legal system. People are protected from arbitrary prosecution and punishment under this type of precedent and legally enforceable document. The flaws with Hammurabi’s code stemmed mostly from its cause-and-effect character; it provided no protection for more abstract concepts like race, religion, beliefs, or individual liberties.

Human Rights In The Greek Period

Human rights began to take on a larger meaning in ancient Greece than just protection against arbitrary persecution. The Greeks were the first to study natural law concepts in depth. They proposed a global law for all of humanity, under which all men are equal and all people are bound. Natural rights, or rights derived from natural law, became synonymous with human rights.

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Despite this premise, there are significant contrasts between today’s human rights and previous natural rights. Keeping slaves, for example, was considered completely normal, and such a practice runs opposite to the modern concepts of freedom and equality that we associate with human rights.

Human Rights In The Roman Period

Natural rights continued in ancient Rome, where Ulpian, a Roman jurist, felt that natural rights belonged to everyone, whether or not they were Roman citizens. The law of Rome was divided into three categories: Jus Civile, Jus Gentium, and Jus Naturale. The first two were common law, based on the third notion (jus naturale), which embodied natural law principles but were not directly enforceable in court.

Human rights are thought to have originated in the Greco-Roman natural law theories of “Stoicism,” which argued that a universal force underlies all creation and that human behavior should thus be judged according to natural law.

Human Rights In The Christian Period

Even after the Roman period, which advanced the cause of human rights, the idea of natural law persists. Natural law, on the other hand, was seen at the time as God’s will revealed to men through the Holy Scriptures. All laws, governance, and property, according to Christian fathers, were the result of sin, and so human rules that contradicted God’s law were to be abandoned and ignored. The Church, as the bearer of divine law, has the power to override the State.

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Human Rights In The Islamic Period

Islam is the first religion in history to express a comprehensive and all-encompassing concept of human rights. Human rights in Islam are based on the principles of human dignity and equality. These rights are aimed at restoring humanity’s honor and dignity as well as eradicating exploitation, oppression, and injustice.

In Sura Hujurat of the Quran, Allah declares, “O men! Behold, we have created you all out of a male and a female, and we have made you into nations and tribes so that you might come to know one another. Verily, the noblest of you in the sight of God is the one who is most deeply conscious of Him. Behold, God is all-knowing and all-aware. “

Human rights are deeply rooted in Islam’s conviction that Allah, and Allah alone, is the Lawgiver and Source of all human rights. No ruler, government, assembly, or authority may limit or violate the human rights bestowed by God in any way, and they cannot be surrendered because of their Divine origin. These rights, unlike those bestowed by kings or parliaments, are permanent, sacred, and untouchable.

Human Rights In Magna Carta

King John of England granted the Magna Carta in 1215, which was significant in the formation of human rights. The Magna Carta’s overarching subject was protection against the king’s arbitrary acts. Land and property could no longer be confiscated, judges were required to know and follow the law, and taxes could no longer be levied without the approval of the common council. Clause 39 of the Magna Carta establishes the concept of a jury trial, which protects against arbitrary arrest and imprisonment. The Magna Carta established the concept that the king’s power was not absolute. The Magna Carta was later strengthened by the Petition of Rights in 1628 and the Bill of Rights in 1689.

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Human Rights In The French Declaration Of The Rights Of Man

The French Declaration of Man and Citizen Rights of 1789 was adopted during the 1789 French Revolution. “Men are born free ad equal in rights,” it claimed, adding that “these rights include liberty, property, security, and resistance to persecution.” The United States Declaration of Independence, written in 1776, has the same concept of human rights.

Human Rights In The Post-World War Era

Following the First World War, the League of Nations was established in 1919, which helped in the development of rights protection for specific groups of people. Despite the fact that the League of Nations did not contain any clauses explicitly guaranteeing human rights, it did expand the scope of international law.

After World War II, the concept of human rights became more established. During World War II, atrocities and breaches of human rights aroused global opinion and made human rights a universal concern. Millions of soldiers and civilians were killed or maimed during World War II.

As the war came to an end, the victorious powers agreed to form an international organization to prevent future bloodshed and aid in the development of a better society. This new organization was named the United Nations, or UN, and it was founded in 1945. The UN’s main goals were to maintain peace and security, promote economic development, advance international law, and ensure respect for human rights. In order to achieve these goals, UN member nations have established a huge and complicated network of institutions that cover practically every aspect of human activity.

The Universal Declaration Of Human Rights, 1948

In its early years, the United Nations set out to develop and publish core human rights principles that would benefit all people and nations. The writing of these texts takes place at UN meetings, where representatives from all of the UN’s member countries express their opinions and negotiate suitable phrasing.

The ratification of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948 was the UN’s first major success in the field of human rights. The contents of the Universal Declaration’s phrasing were vigorously debated among UN members, but its approval was monumental in the history of human rights and international law. It is the first international instrument that incorporates human rights and recognizes them.

The rights incorporated in the UDHR can be classified under two broad headings. Namely, Civil and Political Rights, and the other one is Social and Economical Rights. Articles 2 to 21 of the Universal Declaration of Human Rights deal with those civil and political rights. And, Articles 22 to 28 deal with economic and social rights.

This Declaration also laid down certain limitations to these rights and freedoms under Article 29 of the UDHR of 1948. It provides that everyone has duties to the community in which alone the final and full development of his personality is possible.

The 1948-adopted UDHR served as the model for numerous international human rights treaties that are now enforceable by law. It continues to serve as a source of inspiration for all of us, whether we are addressing injustices, resolving disputes, living in oppressed countries, or working to ensure that everyone can enjoy their human rights.

It stands for the widespread understanding that each and every person is born free and endowed with the same dignity and rights and that these rights and freedoms are inalienable and applicable to all people equally. The international community pledged on December 10 1948 to maintain dignity and justice for all of us, regardless of our nationality, place of residence, gender, national or ethnic origin, color, religion, language, or any other status.