Human Rights

HUMAN RIGHTS
HUMAN RIGHTS
• Establishment of the UNITED NATION IN 1945
• Central concern, reaffirmation its faith in fundamental rights.
I. Life, liberty, Dignity
II. Worth of human being
III. Equal rights of Men & Women(Nations large or Small)
IV. Guaranteed by the constitution or embobied in International
Covenants and enforced by Courts of India
• HR are essential:
1. Individuals to develop their personality,
2. Human qualities
3. Intelligence
4. Talent and Conscience
5. Enable to satisfy their Spiritual & other higher needs.
HUMAN RIGHTS
HR are incorporated in International Human Rights.
a. International Covenant on Civil & Political Rights,
b. International Covenant on Economic, Social and Cultural rights.
Regional human right treaties.
a. European Convection on Human Rights and Fundamental Freedoms.
 b. Americans Convention on Human Rights
c. African Charter on Human and People’s Rights
d. National Constitutions, legislative and judicial pronouncements
Human rights as Naturals rights is illustrated by Greek play:
Antigone
Natural law theory:
 Rights to freedom of speech
 Rights to equality before law.
 Rights to equal respect to all
Classification of Human Rights
Sohn has classified HR in the following three categories:
• The human Rights of First Generation
• The human Rights of Second Generation
• The human Rights of Third Generation
The human Rights of First Generation : The International Covenant on Civil and Political Rights
• Rights had developed in course of long period.
• Concretised in the form of magna carta.
1. American Declaration and Independence
2. French declaration of the rights of man and of the citizen.
• These rights reflects & establishment of human values to incorporated in national constitutions
of various states.
(International Covenant on Civil and Political Rights, European Covenantions on Human Rights &
Inter-American & African instruments.)
• Laws are considered as a part of mankind.
The human Rights of Second Generation : The International Covenant on Economic, Social and
Cultural rights.
• American & French revolution – Civil and Political Rights
• Russian Revolution 1917 – Economic & Social Rights
• Paris peace conference 1919 established International labour Organisation Emphasis on Social
Justice.(“peace can be established only if it is based on Social Justice”) Failure to adopt humane of
labour is obstacle to improve his own country.
• International labour organisation developed standards, form of convections and
recommendations are coupled with supervision and investigation.
• American president Roosevelt expressed his hope on economic and social rights.
• Jan 6 1941, message to congress, four essential freedom,
a. Freedom of speech and expression,
b. Freedom of every person to worship God in his own way.
c. Freedom from want & freedom from fear Message to Congress 1944 , “ true individual freedom
can not exist without economic security and independence”
The human Rights of First Generation : Collective Rights
• Sohn – individual are also such units
• groups or communities as a family,
• religious community,
• social club
• trade union,
• professional association
• Racial group
• People
• Nation
• State
International law recognises Rights of individuals and collective rights. Karel Vasak – Fraternity or
brother-hood (based on solidarity major concern on peace, development and environment.
• The right of self Dtermination:
• Basic of collective rights
• Freely to pursue their economic, social and culture development.