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The Evaluation of Human Rights: An Overview in Historical Perspective

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 American Journal of Service Science and Management
2016; 3(2): 5-12
http://www.openscienceonline.com/journal/ajssm
ISSN: 2381-4489 (Print); ISSN: 2381-4497 (Online)

The Evaluation of Human Rights: An Overview in

Historical Perspective
Md. Kamruzzaman1, 2, 4,*, Shashi Kanto Das3
1
School of Victimology and Restorative Justice, Institute of Social Welfare and Research, University of Dhaka, Dhaka, Bangladesh
2
School of Criminology and Police Science, Mawlana Bhashani Science and Technology University, Tangail, Bangladesh
3
School of Criminology, University of Dhaka, Dhaka, Bangladesh
4
School of Law, National University, Gazipur, Bangladesh

Email address
shohag.mbstu.cps@gmail.com (Md. Kamruzzaman)
*
Corresponding author

To cite this article

Md. Kamruzzaman, Shashi Kanto Das. The Evaluation of Human Rights: An Overview in Historical Perspective. American Journal of
Service Science and Management. Vol. 3, No. 2, 2016, pp. 5-12.

Received: June 30, 2016; Accepted: August 11, 2016; Published: September 2, 2016

Abstract
A new world order came into being out of the ashes of the World War II in 1945, putting respect for human rights alongside
peace, security and development as the primary objectives of the United Nations. The Universal Declaration of Human Rights,
proclaimed in 1948, provided a framework for a series of international human right conventions. Presently almost all the
national legislations influenced by these conventions. It is universally recognized that Human Rights and Fundamental
Freedoms are the birth right of all Human being. The main objective of the study is to investigate the historical development of
Human Rights and analyze the philosophical thinking. For conducting this study data was collected from several articles,
books and related documents regarding Human Rights as a qualitative paper.
Keywords
Human Rights, Fundamental Rights, Historical Perspective, Conventions

this regard every nation follows the international instrument

1. Introduction
As the Second World War appeared to be drawing to a
close, world leaders started planning for banishing war and
resorting sustainable peace. The United Nations Charter
envisaged promotion of Universal respect for, and
observance of, human rights and fundamental freedoms for
all without distinction as to race, sex, language or religion as
one of the means for that end. On the 10th December, 1948,
the U.N. General Assembly adopted and proclaimed the
Universal Declaration of Human Rights. The Declaration for
the first time generated a common standard of rights for all
peoples and all nations without any discrimination [1].
Human Rights are mostly inherent and natural rights, the
execution, preservation or enjoyment of Human Rights is
simply impossible. It is also true that without ensuring the
Human Rights the development of life is quite impossible. In
of Human Rights. In this sense, in 2009 a National Human
Rights Commission is established in Bangladesh to protect
the human rights of its citizens.
1.1. Concepts of Human Rights
Rights are something people demands or desires for their
self-Development. Rights are those basic standards without
which people cannot live in dignity. Hobbhouse says, “Rights
are what we may expect from others, and others from us and
all genuine tights are conditions of social welfare”.
Thomas Paine, a French first used the term ‘Human
Rights’ While translating the French Declaration of Rights of
Man and the Citizen from French to English, But
unfortunately he was detained.
Human Rights are those basic standards without which
people cannot live in dignity. The basic rights and freedoms,
to which all humans are entitled, often held to include the
6 Md. Kamruzzaman and Shashi Kanto Das: The Evaluation of Human Rights: An Overview in Historical Perspective
right to life and liberty, freedom of thought and expression,
and equality before the law. To violate someone’s human
right is to treat that person as though she or he were not a
human being. These are basically few natural rights which
cannot be denied, but at the same time not guaranteed by
Statutory Law. It is the obligation of the state to promote and
protect human rights [2].
The New Lexicon Webster’s Dictionary of the English
language describes the “Human Rights” expression as under,
“The right to be free from Governmental violations of the
integrity of the persons”.
“Human Rights means Right to life, Right to liberty, Right
to equality and Right to dignity of a person guaranteed by the
constitution of the People’s Republic of Bangladesh and such
other Human Rights documents and ratified by the People’s
Republic of Bangladesh and enforceable by the existing laws
of the Bangladesh” (National Human Rights Commission
Act, 2009 Section-2(f).
1.2. Types of Human Rights
Human Rights are the integrated, broad and covered a
wide range of rights. On the basis of Universal Declaration of
Human Rights, 1948 there are following classification;
A. Civil rights & Political rights; Known as Fundamental
rights, Guaranteed by Article (27-44) part (III) of
Bangladesh Constitution.
B. Economic rights & Social and Cultural rights;
Bangladesh constitution, part (II) Article (8-25) not
guaranteed.
C. Solidarity rights, that is I) right to development II) right
to self determination.
The total numbers of Human Rights are 27; from which 25
is described by the Universal Declaration of Human Rights,
1948 and rest two are described by the Declaration on the
Granting of Independence to Colonial Countries and Peoples
(DGICCP) and Declaration on the Right to Development
(DRD) [3].
Figure 1. Types of human rights.
1.3. Salient Features of Human Rights
The evident characteristics of Human Rights make them
different from other rights. The unique features are as follows
I. Inherent: The most outstanding characteristics of
Human Rights are that it is inherent and natural. None
acquires it by any special quality of reputation. It is not
the charity of any person or any social system. Every
man is by born entitled to these rights.
II. Not Exchangeable: Human Rights cannot be handed
over, exchanged or transferred. It is excessive to all. It
could neither be given away, nor could be stolen or
taken away by snatching.
III. Universality: Universality stands out as the basic value
of human rights. Everyone is entitled to all the rights
and freedoms set forth in this Declaration.
IV. Equality: Human Rights refer to equal enjoyment of
opportunities and resources to all. Justice, rule of law
and indiscrimination are the philosophy of Human
Rights.
V. Feasibility: The important characteristics of Human
Rights are its feasibility or effectiveness. That is Human
Rights should never be viewed as a hypothetical or
abstract concept. It is shaped by the social values,
norms, culture and institutions3.
1.4. Differences Between Human Rights and
Fundamental Rights
1.4.1. Definitional Issues
Human Rights: Human Rights are those basic standards
without which people cannot live in dignity. Human Rights
are inherent to each individual.
Fundamental Rights: Fundamental Rights are those rights
or Human Rights which are guaranteed by the constitution.
All Fundamental Rights are Human Rights but all Human
Rights are not fundamental rights. Human Rights are
concerned with the all human being of the world but
fundamental rights are related between one state and their
citizens.
1.4.2. Number of Human Rights and
Fundamental Rights
According to Universal Declaration of Human Rights,
1948 the number of Human Rights are 25 (Civil and Political
Rights-19 and Economic, Social and Cultural Rights-06).
There are also another two kinds of Human Rights Known
as Solidarity rights. According to DGICCP, one right is to
Self-determination and according to DRD another right is to
Self-development. So the total numbers of Human Rights are
27.
On the other hand, there are no constant numbers of
fundamental rights. It varies from country to country. It
depends on Political and economic condition of any state.
The numbers of Fundamental rights in Bangladesh are 18.
1.4.3. Historical Perspective
The concept of Human Rights is as old as the ancient
doctrine of natural right. It is ultimately created after the
creation of human being. Thus Human Rights are developed
day by day by the various declaration and treaty.
On the other side, the fundamental rights are derived from
the Human Rights and recognized by the states own
constitution. State organization is precondition for ensuring
 American Journal of Service Science and Management 2016; 3(2): 5-12
the fundamental rights but not essential for Human Rights.
1.4.4. Universality
Human Rights are the same for all human beings
regardless of race, sex, and religion or political or national
origin. Human Rights are Universal. But fundamental rights
are applicable only for the own population of any state. In
Bangladesh, 12 rights are applicable only for Bangladeshi
citizens and rest six are applicable or all either citizens or
foreigner stay in Bangladesh.
1.4.5. Protection and Promotion
Human Rights are protected and Promoted by International
Law but fundamental rights are protected promoted by the
States Constitution.
1.4.6. Enforcement
Though Human Rights are internationally recognized, it is
enforced by the United Nations, International laws and other
specialized organization. But fundamental rights are enforced
by the local Judiciary. There are no remedies against the
violation of Human Rights but the violation of fundamental
rights will be punished by the local judiciary [4].
2. Historical Perspective
Although belief in the sanctity of human life has ancient
precedents in many religions of the world the idea of human
rights, that is the notion that a human being has a set of
inviolable rights simply on grounds of being human began
during the era of renaissance humanism in the Early Modern
period. Prior to this habeas corpus had been enshrined in the
Magna Carta of 1215 AD. The European wars of religion and
the civil wars of seventeenth century England gave rise to the
philosophy of liberalism and belief in human rights became a
central concern of European intellectual culture during the
18th century Age of Enlightenment. The idea of human rights
lay at the core of the American and French revolutions which
inaugurated an era of democratic revolution throughout the
nineteenth century paving the way for the advent of universal
suffrage. The world wars of the twentieth century led to the
Universal Declaration of Human Rights. The post-war era
saw human rights movements for special interest groups such
as feminism and the civil rights of African-Americans. The
human rights of members of the Soviet bloc emerged in the
1970s along with workers' rights in the West.
The movement quickly jelled as social activism and
political rhetoric in many nations put it high on the world
agenda [5]. By the 21st century, Moyn has argued, the human
rights movement expanded beyond its original anti-
totalitarianism to include numerous cases involving
humanitarianism and social and economic development in
the Developing World [6].
Human Rights apparently seem to be a concept of modern
age. But the origin of the concept takes us to the remote past.
So it can be stated that Human Rights have acquired the
sophisticated legal and well arranged present from by
wandering a long way. The chronological history of Human
7
Rights can be looked at from three phases according to the
development and recognition. These are
I). The Ancient Age
II). The Medieval Age
III). The Modern Age
2.1. The Ancient Age
The ancient age expanded approximately from 500 years
before A.D. to in 4th Century. Slavery was viewed as a legal
custom in the social system during that time. During this
period a slave was considered as ‘animal tool’s or ‘living
possession’ and was deprived of minimum basic needs. The
slave had no political or economical freedom; they were
absolutely used as an instrument of production without
enjoyment of any kinds of rights. In this context, the
philosophy devoted to humanism and equality came to the
surface of human thought in Greece and got momentum. The
ancient age can be stigmatized as the ‘blooming stage; of
concern and thought related to Human Rights [3].
The earliest legal code known as (c. 2350 BC) Urukagina
of Lagash, have addressed the concept of rights. The oldest
legal codex extant today is the Neo-Sumerian Code of Ur-
Nammu (2050 BC). Several other sets of laws were also
issued in Mesopotamia, including the Code of Hammurabi
(1780 BC), one of the most famous examples of this type of
document.
It shows rules, and punishments if those rules are broken,
on a variety of matters, including women's rights, men's
rights, children's rights and slave rights.
Some historians suggest that the Achaemenid Persian
Empire of ancient Iran established unprecedented principles
of human rights in the 6th century BC under Cyrus the Great.
After his conquest of Babylon in 539 BC, the king issued the
Cyrus cylinder, discovered in 1879 and seen by some today
as the first human rights document. The cylinder has been
linked by some commentators to the decrees of Cyrus
recorded in the Books of Chronicles, Nehemiah, and Ezra,
which state that Cyrus allowed (at least some of) the Jews to
return to their homeland from their "Babylonian Captivity.
The German historian Josef Wiesehöfer argues that the image
of "Cyrus as a champion of the UN human rights policy ... is
just as much a phantom as the humane and enlightened Shah
of Persia.", while historian Elton L. Daniel has described
such an interpretation as "rather anachronistic" and
tendentious. The cylinder now lies in the British Museum,
and a replica is kept at the United Nations Headquarters.
2.2. The Medieval Age
Moderately the period from 5th to the 15th century is
estimated as medieval age. Middle age is the dark, barren
period of Human Rights. Christianity extended great
influence both positively and negatively on the new socio-
economic and political structure of that time. The concept of
“All men are equal to God”, “Everyone should be obedient
towards the legal Government” etc. were founded by
Christianity which successfully brought equality. Barkey
8 Md. Kamruzzaman and Shashi Kanto Das: The Evaluation of Human Rights: An Overview in Historical Perspective
Says, “Christianity was the only agent of unity and
community” [7].
2.2.1. Magna Carta
The most important step of middle age to promote Human
Rights was taken by adopting ‘Magna Carta’. It was the most
famous written document of Human Rights in the middle
age. It was a constitutional charter adopted by the King John
in1215 A.D. and was reaffirmed by King Edward III. Magna
Carta required the King to renounce certain rights, respect
certain legal procedures and accept that the will of the King
could be bound by the law [8]. There are 63 Articles
including Preamble, out of which Article 39 and 40 is very
important.
Article 39: No freeman shall be arrested or imprisoned or
outlawed or exiled or in any way harmed. Nor will we
proceed against him, or send others to do so, expect
according to the lawful sentence of his peers or according to
the Common Law.
Article 40: To none will we sell, to none will we refuse of
delay right or justice.
2.2.2. Influence on Magna Carta
Magna Carta was the first written document by which
liberty of people were guaranteed. It influenced many
common law and other documents, such as the United States
Constitution and Bill of Rights, and is considered one of the
most important legal documents in the history of democracy.
Almost every fundamental principles of the English
Constitution could be test to Magna Carta. According to
Coke, “It was declaratory of the principal ground of the
fundamental laws of England.” and Hallam characterized it
as the ‘key stone of English liberty’ [2].
2.3. The Modern Age
At the beginning stage of modern age, the practice of
Human Rights had been developed in England. After ‘Magna
Carta’ an important step was taken by the parliament through
adopting ‘Petition of Right’ [3].
2.3.1. Petition of Right
The Petition of Right is a major English constitutional
document that sets out specific liberties of the subject that the
king is prohibited from infringing. Passed on 7 June 1628,
the Petition contains restrictions on non-Parliamentary
taxation, forced billeting of soldiers, imprisonment without
cause, and restricts the use of martial law. Following disputes
between Parliament and King Charles I over the execution of
the Thirty Years' War, Parliament refused to grant subsidies to
support the war effort, leading to Charles gathering "forced
loans" without Parliamentary approval and arbitrarily
imprisoning those who refused to pay. Moreover, the war
footing of the nation led to the forced billeting of soldiers
within the homes of private citizens, and the declaration of
martial law over large swathes of the country. There are as
many as 4 Articles in Petition of Right as follows:
Article 1: No Person should be required to pay a tax or
benevolent without parliament approval.
Article 2: No Person should be imprisoned without cause
being shown with the Royal command not to be sufficient
cause.
Article 3: No troops should be quarter in private home
without consent of and compensation to their owner.
Article 4: The Crown should issue no commission
Proceeding Martial Law.
2.3.2. Bill of Rights
The Bill of Rights was passed by Parliament on 16
December 1689. It was a restatement in statutory form of the
Declaration of Right presented by the Convention Parliament
to William and Mary in March 1689, inviting them to
become joint sovereigns of England. It lays down limits on
the powers of sovereign and sets out the rights of Parliament
and rules for freedom of speech in Parliament, the
requirement to regular elections to Parliament and the right to
petition the monarch without fear of retribution. It
reestablished the liberty of Protestants to have arms for their
defense within the rule of law, and condemned James II of
England for "causing several good subjects being Protestants
to be disarmed at the same time when papists were both
armed and employed contrary to law".
These ideas about rights reflected those of the political
thinker John Locke and they quickly became popular in
England. It also sets out—or, in the view of its drafters,
restates—certain constitutional requirements of the Crown to
seek the consent of the people, as represented in Parliament.
The Bill of Rights laid out certain basic rights for all
Englishmen. These rights continue to apply today, not only in
England and Wales, but in each of the jurisdictions of the
Commonwealth realms as well. The Act set out that there
should be:
No royal interference with the law. Though the
sovereign remains the fount of justice, he or she cannot
unilaterally establish new courts or act as a judge.
No taxation by Royal Prerogative. The agreement of
parliament became necessary for the implementation of
any new taxes.
Only civil courts, not Church courts, are legal.
Freedom to petition the monarch without fear of
retribution
No standing army may be maintained during a time of
peace without the consent of parliament.
No royal interference in the freedom of the people to
have arms for their own defense as suitable to their
class and as allowed by law.
No royal interference in the election of members of
parliament.
The freedom of speech and debates or proceedings in
Parliament ought not to be impeached or questioned in
any court or place out of Parliament.
"Grants and promises of fines or forfeitures" before
conviction are void.
No excessive bail or "cruel and unusual" punishments
may be imposed.
Certain acts of James II were also specifically named and
 American Journal of Service Science and Management 2016; 3(2): 5-12
declared illegal by the Bill of Rights, while James' flight
from England in the wake of the Glorious Revolution was
also declared to be an abdication of the throne.
Two major revolutions occurred during the 18th century in
the United States (1776) and in France (1789). The Virginia
Declaration of Rights of 1776 sets up a number of
fundamental rights and freedoms. The later United States
Declaration of Independence includes concepts of natural
rights and famously states "that all men are created equal,
that they are endowed by their Creator with certain
unalienable rights that among these are life, liberty and the
pursuit of happiness." Similarly, the French Declaration of
the Rights of Man and Citizen defines a set of individual and
collective rights of the people. These are, in the document,
held to be universal - not only to French citizens but to all
men without exception.
2.3.3. Universal Declaration of Human Rights,
1948
The Universal Declaration of Human Rights (UDHR) is a
non-binding declaration adopted by the United Nations
General Assembly in 1948, partly in response to the
barbarism of World War II. The UDHR urges member
nations to promote a number of human, civil, economic and
social rights, asserting these rights are part of the "foundation
of freedom, justice and peace in the world".
The UDHR was framed by members of the Human Rights
Commission, with Eleanor Roosevelt as Chair, who began to
discuss an International Bill of Rights in 1947. The members
of the Commission did not immediately agree on the form of
such a bill of rights, and whether, or how, it should be
enforced. The Commission proceeded to frame the UDHR
and accompanying treaties, but the UDHR quickly became
the priority. Canadian law professor John Humphrey and
French lawyer Rene Cassin were responsible for much of the
cross-national research and the structure of the document
respectively, where the articles of the declaration were
interpretative of the general principle of the preamble. The
document was structured by Cassin to include the basic
principles of dignity, liberty, equality and brotherhood in the
first two articles, followed successively by rights pertaining
to individuals; rights of individuals in relation to each other
and to groups; spiritual, public and political rights; and
economic, social and cultural rights. The final three articles
place, according to Cassin, rights in the context of limits,
duties and the social and political order in which they are to
be realized. Humphrey and Cassin intended the rights in the
UDHR to be legally enforceable through some means, as is
reflected in the third clause of the preamble [9].
Some of the UDHR was researched and written by a
committee of international experts on human rights,
including representatives from all continents and all major
religions, and drawing on consultation with leaders such as
Mahatma Gandhi. The inclusion of both civil and political
rights and economic, social and cultural rights was predicated
on the assumption that basic human rights are indivisible and
that the different types of rights listed are inextricably linked.
9
Though this principle was not opposed by any member states
at the time of adoption (the declaration was adopted
unanimously, with the abstention of the Soviet bloc,
Apartheid South Africa and Saudi Arabia), this principle was
later subject to significant challenges [10].
Universal Declaration of Human Rights consists of a
preamble and 30 Articles setting forth the basic human rights
without any discrimination. The Declaration contained
general definitions of two types of rights mentioned below:
1. Civil and Political Rights stated in Article 3 to 21 such
as right to life, right to freedom, right to nationality, right to
own property, right to freedom of opinion and expression,
freedom of thought ,conscience and religion, bright to take
part in the government etc.
2. Economic Social and Cultural rights are recognized in
article 22 to 28. Some of those are right to social security,
right to education, right to participate, in the cultural life of
the community, right to enjoy the arts and to share in
scientific advancement and its benefits etc.
It is remarkable that UDHR is neither a convention, nor a
treaty and is merely a declaration without any binding force.
In spite of this after 1948, this declaration extended strong
influence in adopting various international or regional
conventions, covenants, promulgating constitution and laws.
Thus the International Bill of human rights represents a
milestone in the history of human rights, a veritable Magna
Carta marking mankind’s arrival at a vitally important phase,
the conscious acquisition of Human dignity [3].
2.3.4. Philosophical Thought in the
Development of Human Rights
The conquest of the Americas in the 15th and 16th
centuries by Spain, during the Age of Discovery, resulted in
vigorous debate about human rights in Colonial Spanish
America [11]. This led to the issuance of the Laws of Burgos
by Ferdinand the Catholic on behalf of his daughter, Joanna
of Castile. Fray Antonio de Montesinos, a Friar of the
Dominican Order at the Island of Hispaniola delivered a
sermon on December 21, 1511, which was attended by
Bartolomé de las Casas. It is believed that reports from the
Dominicans in Hispaniola motivated the Spanish Crown to
act. The sermon, known as the Christmas Sermon, gave way
to further debates from 1550-51 between Las Casas and Juan
Ginés de Sepúlveda at Valladolid. Among the provisions of
the Laws of Burgos were child labor; women's rights; wages;
suitable accommodations; and rest/vacation, among others.
Several 17th- and 18th-century European philosophers, most
notably John Locke, developed the concept of natural rights,
the notion that people are naturally free and equal [12].
Though Locke believed natural rights were derived from
divinity since humans were creations of God, his ideas were
important in the development of the modern notion of rights.
Lockean natural rights did not rely on citizenship or any law
of the state, nor were they necessarily limited to one
particular ethnic, cultural or religious group. Around the
same time, in 1689 the English Bill of Rights was created.
Two major revolutions occurred during the 18th century in
10 Md. Kamruzzaman and Shashi Kanto Das: The Evaluation of Human Rights: An Overview in Historical Perspective
the United States (1776) and in France (1789). The Virginia
Declaration of Rights of 1776 sets up a number of
fundamental rights and freedoms. The later United States
Declaration of Independence includes concepts of natural
rights and famously states "that all men are created equal,
that they are endowed by their Creator with certain
unalienable rights that among these are life, liberty and the
pursuit of happiness." Similarly, the French Declaration of
the Rights of Man and Citizen defines a set of individual and
collective rights of the people. These are, in the document,
held to be universal - not only to French citizens but to all
men without exception.
2.3.5. 19th Century to World War I
Philosophers such as Thomas Paine, John Stuart Mill and
G.W.F. Hegel expanded on the theme of universality during
the 18th and 19th centuries. In 1831 William Lloyd Garrison
wrote in a newspaper called The Liberator that he was trying
to enlist his readers in "the great cause of human rights" so
the term human rights probably came into use sometime
between Paine's The Rights of Man and Garrison's
publication (Mayer 2000). In 1849 a contemporary, Henry
David Thoreau, wrote about human rights in his treatise On
the Duty of Civil Disobedience which was later influential on
human rights and civil rights thinkers. United States Supreme
Court Justice David Davis, in his 1867 opinion for Ex Parte
Milligan, wrote "By the protection of the law, human rights
are secured; withdraw that protection and they are at the
mercy of wicked rulers or the clamor of an excited people"
[13].
Many groups and movements have managed to achieve
profound social changes over the course of the 20th century
in the name of human rights. In Western Europe and North
America, labor unions brought about laws granting workers
the right to strike, establishing minimum work conditions and
forbidding or regulating child labor. The women's rights
movement succeeded in gaining for many women the right to
vote. National liberation movements in many countries
succeeded in driving out colonial powers. One of the most
influential was Mahatma Gandhi's movement to free his
native India from British rule. Movements by long-oppressed
racial and religious minorities succeeded in many parts of the
world, among them the civil rights movement, and more
recent diverse identity politics movements, on behalf of
women and minorities in the United States.
2.3.6. Between World War I and World War II
The League of Nations was established in 1919 at the
negotiations over the Treaty of Versailles following the end
of World War I. The League's goals included disarmament,
preventing war through collective security, settling disputes
between countries through negotiation, diplomacy and
improving global welfare. Enshrined in its Charter was a
mandate to promote many of the rights which were later
included in the Universal Declaration of Human Rights.
The League of Nations had mandates to support many of
the former colonies of the Western European colonial powers
during their transition from colony to independent state.
Established as an agency of the League of Nations, and
now part of United Nations, the International Labor
Organization also had a mandate to promote and safeguard
certain of the rights later included in the UDHR.
2.3.7. After World War II
Rights in War and the Geneva Conventions
The Geneva Conventions came into being between 1864
and 1949 as a result of efforts by Henry Dunant, the founder
of the International Committee of the Red Cross. The
conventions safeguard the human rights of individuals
involved in conflict, and follow on from the 1899 and 1907
Hague Conventions, the international community's first
attempt to define laws of war. Despite first being framed
before World War II, the conventions were revised as a result
of World War II and readopted by the international
community in 1949.
The Geneva Conventions are:
First Geneva Convention “for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field”(first adopted in 1864, last revision in 1949)
Second Geneva Convention “for the Amelioration of
the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea”(first adopted in
1949, successor of the 1907 Hague Convention X)
Third Geneva Convention "relative to the Treatment of
Prisoners of War"(first adopted in 1929, last revision in
1949)
Fourth Geneva Convention “relative to the Protection
of Civilian Persons in Time of War”(first adopted in
1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols
to the Geneva Convention:
Protocol I (1977): Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts.
As of 12 January 2007 it had been ratified by 167
countries.
Protocol II (1977): Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the
Protection of Victims of Non-International Armed
Conflicts. As of 12 January 2007 it had been ratified by
163 countries.
Protocol III (2005): Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the
Adoption of an Additional Distinctive Emblem. As of
May 20, 2008, it had been ratified by 28 countries and
signed but not yet ratified by an additional 59 countries
All four conventions were last revised and ratified in 1949,
based on previous revisions and partly on some of the 1907
Hague Conventions. Later conferences have added
provisions prohibiting certain methods of warfare and
addressing issues of civil wars. Nearly all 200 countries of
the world are "signatory" nations, in that they have ratified
these conventions. The International Committee of the Red
Cross is the controlling body of the Geneva conventions.
 American Journal of Service Science and Management 2016; 3(2): 5-12
3. Strengthening Human Rights
(National Human Right Commission,
Bangladesh)
After the Second World War, the world manifested its deep
concern for Human Rights. The United Nations adopted the
Universal Declaration of Human Rights on December 10 of
1948. Later on, the UN adopted two Covenants on Economic,
Social and Cultural Rights and Civil and Political Rights on
16th December 1966. Bangladesh acceded to the Covenant
on Civil and Political Rights on 6 September 2000 and the
Covenant on Economic, Social and Cultural Rights on 5
October, 1998.
An ordinance was promulgated in 2007 which formally
established the National Human Rights Commission which
started functioning from December 2008 in a very limited
sphere. After the free and fair general election in 2008, the
Parliament enacted the National Human Rights The
Honorable President, upon Commission Act-2009,
superseding the 2007Ordinance reflecting the Committee,
appointed the Chairman and constitutional and international
human rights obligation espoused in the ‘Paris Principles’
relating to the status of national human rights institutions.
The UN General Assembly in 1993 endorsed a set of
minimum criteria designed to ensure the independence,
effectiveness and pluralism of the national human rights
institution in the name of the 'Paris Principles'. Accordingly,
based on the 'Paris Principles' and in pursuant to the NHRC
Act 2009, the National Human Rights Commission,
Bangladesh was established as an independent and statutory
institution.
The NHRC is an independent statutory body established
by legislation (NHRC Act, 2009). Though NHRC is
established only in December 2008, it’s eradicated for a
better and transparent commenced its de facto journey from
understanding of Human Rights. 23 June 2010.
Some of the remarkable features of the NHRC are its
identification of the thematic areas and vulnerable groups,
formation of theme-wise committees to address issues,
establishment of links among the different groups of
stakeholders etc. Holding of policy dialogue of the
Commission with the Secretaries of Bangladesh Government
and nomination of Focal Points in each relevant ministry in
the process of UPR is a milestone human rights arena. This
has not only
Created links between the Government, NGOs and UN
agencies and the International Juvenile Justice Observatory
international community but also helped the state actors to
better prepare themselves for the 2nd cycle of UPR.
As an apex national human rights monitoring body, the
NHRC has been able to successfully create awareness and
consensus on basic human rights issues through a series of
seminars and workshops. Besides these, the Commission has
organized seminars on Prosecuting Crimes against Humanity
currently being tried by the International Crimes Tribunal
Bangladesh (ICTB). Human Rights Awareness and through a
11
series of seminars and Education elaborate the achievements of
in respect of its most important mandated goal of raising
awareness amongst people of all walks of life. The major areas
of success include, among others, a Mass Awareness Campaign
of Working Together for the Promotion of Human Rights,
Awareness Creation on Child Rights and Juvenile Justice
System, principles, Violence against Women etc [14-20].
4. Conclusion
The preceding discussion gives an impression that natural
Human Rights had to pass a long way to obtain the legal and
international recognition. Universal Declaration of Human
Rights created the stream of worldwide efforts and
international co-operations for assuring human rights. Though
Human Rights have a universal figure, it’s scope and periphery
differ because of different socio-economic and political
structure of various countries. In a well developed social
system of Europe or America, right to freedom or of thought or
freedom of opinion can be regarded as the most important
human rights whereas relief from poverty or ignorance is the
standard of rights in a poor, developing country of the Third
world. However, Bangladesh has recognized UDHR and the
components of basic human rights have been enshrined in the
constitution. But the widespread poverty, illiteracy,
malnutrition, want of social security and abuse of rights simply
point out the fact that issues on human rights are confined still
in the holy pages of the Constitution. The scenario in the arena
of Human rights in other developing or underdeveloped
countries is more or less identical to that of Bangladesh. It is
therefore implied that the political leaders, thinkers,
economists, scientists, social workers and philanthropist must
do something meaningful to ensure human rights around the
globe and in case of failure in this regard the world will never
be a happy abode for human beings.
References
[1] Gautam, Dr. Ashwani Kant. (2000). Human Rights & Justice
System, Second Edition, A. P. H. Publishing Corporation
Road, Darya Ganj, New Delhi- 110002.
[2] Rahaman, Khan Ferdousor. (2008). Unbundling Human
Rights, First Edition, Published by Academic Press &
Publisher Library, Prantik, Dhanmondi, Dhaka,1209.
[3] Rokeya, Begum. (1997). Human Rights- An Overview in
Historical Perspective, Sociological Journal, J.S.D. Volume -
12 No 1, Dhaka.
[4] Mondal, Dr Reba & Mondal, Dr Shajahan. (1999).
Manabadhikar Ain – Constitution, Islam, NGO, Shams
Publications, Dhaka.
[5] Moyn, Samuel. (2010). The Last Utopia: Human Rights in
History, Harvard University Press.
[6] Scott McLemee, "The Last Utopia" Inside Higher Education
Dec. 8, 2010 online.
[7] Barkey, Quoted in “Rastro Chintar Etibirtee”, Pran Gobindo
Das, 1991.
12 Md. Kamruzzaman and Shashi Kanto Das: The Evaluation of Human Rights: An Overview in Historical Perspective
[8] Z. I. Chodhry. (1992). Introducing Human Rights: Concept
and Practice, International Review of Humanism and Human
Rights, Vol-1, p, 49.
[9] Glendon, Mary Ann (2004). “The Rule of Law in The
Universal Declaration of Human Rights". Northwestern
University Journal of International Human Rights, 2 (5).
[10] Ball, Olivia & Gready, Paul (2006). No-nonsense Guide to
Human Rights. New Internationalist Publications Ltd.
[11] http://blogs.loc.gov/law/2012/12/the-laws-of-burgos-500-
years-of-human-rights/.
[12] Locke's Political Philosophy (Stanford Encyclopedia of
Philosophy).
[13] "Ex Parte Milligan, 71 U.S. 2, 119. (full text)". December
1866. Archived from the original on 2008-03-07. Retrieved
2016-2-28.
[14] National Human Rights Commission, Annual Report 2012,
Bangladesh.
[15] Kamruzzaman M. A Criminological Study on the Dark Figure
View publication stats
of Crime as a Socio-ecological Bulk of Victimization.
American Journal of Business, Economics and Management
2016, 4(4): 35-39.
[16] Kamruzzaman M. Dowry related Violence against Rural
Women in Bangladesh. American Journal of Psychology and
Cognitive Science 2015, 1(4): 112-116.
[17] Kamruzzaman M and Hakim M A. Prostitution Going Spiral:
The Myth of Commercial Child Sex. International Journal of
Biomedical and Clinical Sciences 2016, 1(1): 1-6.
[18] Das SK, Khan M B U and Kamruzzaman M. Preventive
Detention and Section 54 of the Code of Criminal Procedure:
The Violation of Human Rights in Bangladesh. American
Journal of Business and Society 2016, 1(3): 60-67.
[19] Kamruzzaman M and Hakim M A. Basic Rights on the Wane,
Human Rights on Brown Study: A Case Study on Thrown
Away Children in Bangladesh. International Journal of
Environmental Planning and Management 2016, 2(4): 29-35.
[20] Kamruzzaman M et al. Extrajudicial Killings: The Violation
of Human Rights in Bangladesh. International Journal of
Environmental Planning and Management 2016, 2(4): 20-28.