Chapter #1 Introduction and methodology of human rights Outline:

What are human rights? o Meaning o Definition o Concept Origin and evolution

Philosophical foundation of human rights Religion Natural law Marxism Positivism Liberalism
International law and Human rights UNDHR 1948 International court of justice Right of women Right of children Violation of human rights

Human rights in global perspective

HUMAN RIGHTS

DEFINITION: Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world UDHR (human rights); A source book 1996 Human right means the rights relating to the life, liberty, equality and the dignity of the individuals guaranteed by the constitution or embodied in international convevents (Gokulesh, Sharma:2003)

Human rights are necessary conditions of social life without which no one could become his best to be himself (H.j.Laski, Miracle of teaching:2006)

MEANING
Human rights are the fundamental rights, which are essential for man to lead a dignified life. They defined as those rights and freedoms which are must for all human beings. They include all rights that should be enjoyed by every individual irrespective of class, gender, age, caste,

religion, language, creed, status and beliefs. According to universal declaration of human rights (UDHR 1948), Basic human rights are: Right to life Right to adequate food Right to shelter Right to clothes Right to speak Right to participate in all social and economic activities Right to embrace any religion

What are human rights?

HUMAN
A member of the humosapiens species; a man Women or child, a person (Hu manrights.com)

RIGHTS
Things to which you are entitled or allowed Freedoms that are guaranteed (Humanrights.com)

HUMAN RIGHTS

The rights a person have simply because he or she is human Donnelly, (1998):18

ORGIN
The discourse of human rights is relatively modern creation, but the idea can be traced back in classics, it means the concept of Human rights is as ancient as man is, God has blessed a man with code of life since his birth in order to live his social life.

Issue of Right was emerged in the world in the life of very first man on earth ADAM (as).but with the passage of time people started thinking about this phenomenon. First murder of this world was attempted on phenomenon of RIGHT when the son of Adam, QABEEL assassinated his brother HABEEL SURA AL Maida: alQuran So the violation of right is as old as man is. RIGHT in political perspective is based on power, if we dont

defend them we lose them and todays world exists on this rule of right. EVOULATION: Ancient scholars gave clear precursor to modern concept of human rights which might be identifiable to us. Various level of thought did originate in the Philosophical writings of classical Greek scholars Sophocles (406495BC) provided an early defense of the individuals Right to resist state repression. PLATO (348

-427BC) developed an early version of universalism in ethical standards, implying fair treatments to all person,wheather they are citizens or not. ARISTOTLE(322-384BC)discussed the importance of virtue, justice and rights in accordance with the political community. Human dignity and value are inherent properties which are validated according to natural law Thomas Aquinas(1225-1274)

Hugo Grotius further expanded on this notion in

De jure belli et paci, where he propounded the

Immutability of what is naturally right and wrong Political history of human rights starts from England when Magna Carta 1215 widely recognized as the first rights charted in world. PHILOSOPHICAL FOUNDATION OF HUMAN RIGHTS

RELIGION:
Human beings have been conscious of their rights from time immemorial. Holy scriptures of various religions speak of God intervening to establish the rights of the oppressed. The beginning of human rights can be located in religious documents. The holy Quran, the Bible, the Vedas and the Analects of Confucius are

some of the oldest written prove/sources which are concern about peoples duties, rights and responsibilities. Thus the concept of right has existed under several names for many centuries. The religious traditions in different parts of the world have not a Raised their voice against violation of human dignity. Natural Law: Natural rights are those which appertain to man right of his existence. Bryne,(2003):38 The concept of natural law is a hugely contested one. To make the claim that certain rights exits before the formation of human societies, that they are right and true abstraction of people, and they

are grounded in some higher spiritual or moral authorities. Initially, natural law was a methodological tool used by political philosophers to justify how citizens should be act on the basis of philosophical reading of how they would have acted before the advent of society, (equalityhumanrights.com) Of this kind are all the intellectual rights, or rights of the mind, and also all those rights of acting as an individual for his own comfort and happiness, which are not injurious to the natural rights of others. Civil rights are those which appertain to man in right of being a member of society. Every civil right has for its foundation, some natural right preexisting in the individual, but to the enjoyment of which his individual power

is not, in all cases, sufficiently competent. Of this kind are all those which relate to security and protection. POSITIVISM: In positivist theory the source of human rights is found only in the enactments of a system of law with sanction sattack.Callaway&Harrelson,(2010):23 Positivist law encourages the belief that the law must be obyed,no matter how moral or immoral it may be, and its also focus on the elimination of the ethnical judgment. LIBERLISM

All individuals have lives which are of equal worth and value (immaunel Kant) Natural rights came with Immanuel Kant's writing. In his view, the congregation of humans into a statestructured society resulted from rational need for protection from each other's violence that would be found in a state of nature. However, the fundamental requirements of morality required that each treat another according to universal principles. Kant's political doctrine was derived from his moral philosophy,

and as such he argued that a state had to be organized through the imposition of, and obedience to, laws that applied universally; nevertheless, these laws should respect the equality, freedom, and autonomy of the citizens. In this way Kant, prescribed that basic rights
were necessary for civil society:

MARXISM: Karl Marx was the founder of Marxism theory.marxism the concept of Marxism

was in the favour of legal status of human rights as Marxism focus on classless society.

INTERNATIONAL LAW AND HUMAN RIGHTS

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination (universal declaration of human rights: article 7: UDHR) The emergence of a human rights regime began after World War II, albeit in small

and oftentimes painful steps. As an international response to the horrors of the holocaust, the UN general assembly adopted the Universal Declaration of the Human rights in 1948 International human rights law refers to the body
of international law designed to promote and protect human rights at the international, regional and domestic levels (Worldpulse.com)

By making public authorities accountable for their Decisions, human rights can help to protect Vulnerable individuals against public bodies Such as government departments, hospitals,

Schools or local councils. They provide a consistent and fair method of weighing up situations to Help tackle important social issues by finding the best Solution for all involved .They also enable us to strike a balance between protecting Individual rights and the rights of the wider community.

WOMEN RIGHTS

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (Article 2 of universal declaration of human rights:UDHR)

Basic purpose of women rights is to secure women abuses like tourture,harassment,domestic violence.
The term women right refers to the putative freedom and entilement women and girls of all age (Wiki/women.rights)

Child rights The right of a child start from the day the child Is conceived in the mothers womb. The rights child is the most important and recognized in the world.Every child has the right to enjoy all the rights are necessary for the fullest development of him/her. As they are considered minors, they dont have the right to vote, drive or marry.(sudha malhotra etal,2005)All human rights are apply to all boys and girls equally,while societies may vary in their ideas of childhood and child devolpment and importance

well being children and these are the fundamental rights of every child.

. UDHR:

"The adoption of the Declaration without dissenting vote was therefore a great achievementsomething indeed in the nature of a miracle. One wonders whether it could be done now." Dr. John Peters Humphrey The signing of the Universal Declaration of Human Rights on December 10, 1948, was a momentous occasion. Representatives of 48 countries came together at the United Nations in Paris to make a intense statement on the value and dignity of human life. After several drafts and much debate, the final version of the Universal Declaration of Human Rights emerged. It was a list of basic rights that the international community

agreed was to "inherent" and "equality" for all human beings. ? massive destruction of human lives in great world wars shocked the world.after that states of the world bended sit together and decided to prevent next generation from such bloodshed war,and planned that war could no longer be used as an excuse to commit crimes against humanity nor could the suffering and death of millions of innocent people be ignored. For the first time in history, the international community agreed that gross violations of human rights would not be tolerated. It was a vast decision on human cost in wars. Human rights were finally acknowledged as a global concern. with the creation of United nation

A strong and unified declaration against flagrant human rights violations was necessary in order to prevent such violations from recurring. (Mai bui,research officer:oslo university) The United Nations, established in 1945,and its begin to formulate a policy that would make the respect of human rights an international priority. A key component of their mandate was the drafting of an International Bill of Human Rights. which was passed in 1946.And a commission was appointed to begin drafting the first in a series of documents, a list of universally recognized rights and freedoms, which was soon to be known as the Universal Declaration of Human Rights.

Universal decralation of human rights is the most widely accepted legal document on this subject.The universal decrlation of human rights sets forth the inalienable rights and fundamental freedom of every human being on the face of the earth which is consist on 30 articles. The aim of the declaration was to set basic minimum international standards for the protection of the rights and autonomy of the individual.

HUMAN RIGHTS IN GLOBAL PRESPECTIVE

Violation of human rights

Violation of human rights is sense of negativity or negative feelings towards others.its a harsh reaction of any action of any person.violation of human rights its not creativity of 20th century but its history match with the ancient history of Man. Global politics is a field in which rights of human are most violated throughout the history and still it not end.but 20th are considered the most and highly destructive Era in the history of Man kind,because two great world wars fought in 20th century.

Human rights violations occur when actions by state (or non-state) actors abuse, ignore, or deny basic human rights (including civil, political, cultural, social, and economic rights).:Bill of right: violations of human rights can occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws, Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations.As mention in
article 7 of UDHR no one shall be held in slavery or servitude;slavery and the slave trade shall be prohibited in all their forms