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The Evaluation of Human Rights: An Overview in Historical Perspective

January 2016
Authors:

Md. Kamruzzaman
Shashi Kanto Das
Mawlana Bhashani Science and Technology University

Citations (11) References (14)

Abstract

A new world order came into being out of the ashes of the World War II in 1945, putting Discover the world's
respect for human rights alongside peace, security and development as the primary research
objectives of the United Nations.
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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 i


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, Banglade
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

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shohag.mbstu.cps@gmail.com (Md. Kamruzzaman)


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Md. Kamruzzaman, Shashi Kanto Das. The Evaluation of Human Rights: An Overview in Historical Perspective. American Jour
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 r igh
peace, security and development as the pri mary objectives of the United Nations. The Universal Declaration of Hu
proclaimed in 1948, provided a framework for a series of international human right conventions. Presently alm
national legislations influenced by these conventions. It is uni versally recognized that Human Rights and F
Freedoms are the birth right of all Human being. The main objective of the study is to investigate the historical dev
Human Rights and analyze the philosophical thinking. For conducting this study data was collected from seve
books and related documents regarding Huma n Rights as a qualitative paper.

Keywords
Human Rights, Fundamental Rights, Historical P erspective, Conventions

this regard every nation follows the i nternationa


1. Introduction of Human Rights. In this sense, in 2009 a Natio
Rights Commission is established in Bangladesh
As the Second World War appeared to be drawing to a the human rights of its citizens.
close, world leaders started planning for banishing war and
resorting su stainable peace. The United Nations Charter 1.1. Concepts of Human Rights
envisaged promotion of Universal respect for, and Rights are something people demands or desir
observance of, human rights and fundamental freedoms for self-Development. Rights are those basic standa
all without distinction as to race, sex, language or religion as which people cannot live in dignity. Hobbhouse sa
one of the means for that end. On the 10th December, 1948, are what we may expect from others, and others
the U.N. General Assembly adopted and p roclaimed the all genuine tights are conditions of socia l welfare”
Universal Decla ration of Human Rights. The Declaration for Thomas Paine, a French first used the ter
the first time generated a common standard of rights for all Rights’ While translating the French Declaration
peoples and all nations without any discrimination [1]. Man and the Citizen from French to En
Human Rights are mostly inherent and natural r ights, the unfortunately he was detained.
execution, preservation or enjo yment of Human Rights is Human Rights are those basic standar ds wit
simply impossible. It is also true that without ensuring the people cannot live in dignity. The basic rights an
Human Rights the development of life is quite impossible. In to which all humans are entitled, often held to

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8 Md. Kamruzzaman and Shashi Kanto Das: The Evaluation of Human Rights: An Overview in Historical Perspectiv

Says, “Christianity was the only agent o f unit y an d Article 2: No Person should be imprisoned w
community” [7]. being shown with the Royal command not to b
cause.
2.2.1. Magna Car ta Article 3: No troops should be quarter in pr
The most important step of middle age to promote Human without consent of and compensation to their o wn
Rights was taken by adopting ‘Magna Carta ’. It was the most Article 4: The Cro wn should issue no
famous written document of Human Rights in the middle Proceeding Martial Law.
age. It was a constitutional charter adopted by the King John
in1215 A.D. and was reaffirmed by King Edward III. Magna 2.3.2. Bill of Rights
Carta required the King to renounce certain rights, respect The B ill of Rights was p assed by Parliam
certain legal p rocedures and accept that the will of the King December 1689 . It was a restatement in statutory
could be bound b y t he law [8]. There a re 63 Articles Declaration of Right presented by the Convention
including Preamble, out of which Article 39 and 40 is very to William and Mary in March 1689, invitin
important. become joint sovereigns of England. I t lays dow
Article 39: No freeman shall be arrested or imprisoned or the powers of sovereign and sets out the rights of
outlawed or exiled o r in any way harmed. Nor will we and rules for freedo m of speech in Parli
proceed against him, or se nd others to do so, expect requirement to regular elections to P arliament and
according to the lawful sentence of his peers or according to petition the monarch without fear of r etr
the Common Law. reestablished the liberty of Pr otestants to have ar
Article 40: To none will we sell, to none will we refuse of defense within the rule of law, and condemned
delay right or justice. England for "causing se veral good subjects being
to be disarmed at the same time when papists
2.2.2. Influence on Magna C arta armed and employed contrary to la w".
Magna Carta was the first written document by which These ideas about rights reflected those of t
liberty of pe ople were guaranteed. It influenced many thinker J ohn Locke and they quickly became
common law and other documents, s uch as t he United Sta tes England. It also sets out— or, in the view of
Constitution and Bill of Rights, and is considered one of the restates—certain co nstitutional requirements of th
most important legal documents in the history of democracy. seek the consent of the people, as rep resented in P
Almost every fundamental principle s of the English The Bill of Rights laid out certain basic rig
Constitution could be test to Magna Carta. According to Englishmen. These rights co ntinue to apply today
Coke, “It was declaratory of the principal ground of the England and Wales, but in each of the jurisdic
fundamental laws of England.” and Hallam characterized it Commonwealth realms as well. The Act set ou
as the ‘key stone of English liberty’ [2] . should be:
2.3. The Moder n Age  No royal interference with the law. T
sovereign re mains the fount of justice, he or
At the beginnin g stage of modern age, the p ractice of unilaterally establish new courts or act as a j
Human Rights had been developed in E ngland. After ‘Magna  No taxation by Royal Prerogative. The ag
Carta’ an important step was taken by the parliament through parliament be came necessary for the implem
adopting ‘Petition of Right’ [3]. any new taxes.
 Only civil courts, not Church courts, are le ga
2.3.1. Petition of R ight  Freedom to p etition the monarch witho
The Petition of Right is a major English constitutional retribution
document that sets out speci fic liberties of the subject that the  No standing army may be maintained durin
king is prohibited from infringing. Passed on 7 June 1628, peace without the consent of parlia ment.
the Petition contains restri ctions on non-Pa rliamentary  No royal interference in the freedom of th
taxation, forced billeting of soldiers, imprisonment without have arms for their own defense as suita
cause, and restricts the use of martial law. Following dispute s class and as allowed by law.
between Parliament and King Charles I over the execution of  No royal interference in the election of m
the Thirty Year s' War, Parliament refused to grant subsidies to parliament.
support the war effort, leading to Charles gathering "forced  The freedom of speech and debates or pro
loans" without Parliamentary appro val and arbitrarily Parliament ought not to be impeached or qu
imprisoning those who refused to pay. Moreover, the war any court or place out of Parliament.
footing of the nation led to the forced billeting of soldiers  "Grants and promises of fines o r forfeitu
within the homes of private citizens, and the de claration of conviction are void.
martial law over large s wathes of the country. There are as  No excessive bail or "cruel and unusual" p
many as 4 Articles in Petition of Right as follows: may be imposed.
Article 1: No Person should be required to pay a tax or Certain acts of James II were also specificall y
benevolent without parliament appr oval.

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declared illegal by the Bill of Rights, while James' flight Though this pr inciple was not opposed by any me
from England in the wake of the Glorious Revolution was at the time o f adoption (the declaration w
also declared to be an abdication of the t hrone. unanimously, with the abstention of the S
Two major revolutions occurred during the 18th c entury in Apartheid South Africa and Saudi Arabia), this pr
the United States (177 6) and in France (1789). The Virginia later subject to significant challenges [10 ].
Declaration of Rights of 17 76 sets up a number of Universal Declaration of Human Rights co
fundamental rights and freedoms. The later United States preamble and 3 0 Articles setting forth the basic h
Declaration of Independence includes concepts of natural without any discr imination. The Declaration
rights and famously states "that all men are created equal, general definitions of two types of rights mention
that they are endowed by their Creator with certai n 1. Civil and Political Rights s tated in Article 3
unalienable rights that among these are life, liberty and the as r ight to life, right to freedom, right to national
pursuit of happiness." Similarly, the French Declaration of own property, right to freedom of opinion and
the Rights of Man and Citizen defines a set of individ ual and freedom of thought ,conscience and religion, br
collective rights of the people. These are, in the document, part in the government etc.
held to be universal - not only to French citizens but to all 2. Economic Social and C ultural rights are re
men without exception. article 22 to 28. Some of those are right to soc
right to education, right to participate, in the cul
2.3.3. Universal Declaration of Human Rights, the community, right to enjoy the arts and t
1948 scientific advancement and its benefits etc .
The Universal Declarat ion of Human Rights (UD HR) is a It is remarkable that UDHR is neither a co nve
non-binding declaration adopted by the United Nations treaty and is merely a declaration without any bin
General Assembl y in 194 8, partly in response to the In spite of this after 1948, this declaration exte
barbarism of World War II. The UDHR urges member influence in ado pting vario us international o
nations to promote a number of human, civil, economic and conventions, covenants, promulgating constitutio
social rights, asserting these rights are part of the "foundation Thus the International Bill of human rights r
of freedom, justice and peace in the world" . milestone in the history of human rights, a verit
The UDHR was framed by members of the Human Rights Carta marking mankind’s arrival at a vitally impo
Commission, with Eleanor Roosevelt as Chair, who began to the conscious acquisition of Human dignity [3 ].
discuss an International Bill of Rights in 1947. The members
of the Commission did not immediately agree on the form of 2.3.4. Philosophical T hought in the
such a bill of rights, and whether, or how, it should be Development of Human Rights
enforced. The Commission proceeded to frame the UDHR The c onquest of the Americas in the 15th
and accompanying treaties, but the UDHR quickly became centuries by Spai n, during the Age of Disco very,
the priority. Canadian law professor John Humphrey a nd vigorous debate about human rights in Colon
French lawyer Rene Cassin were responsible for much of th e America [11]. This led to the issuance of the Law
cross-national research a nd the structure of t he document by Ferdinand the Catho lic on behalf of his daugh
respectively, where the articles of the declaration were of Castile. Fra y Antonio de Montesinos, a F
interpretative of the general principle of the preamble. The Dominican Order at the Island of Hispaniola
document was structured by Cassin to include the basic sermon on Dece mber 2 1, 1 511, which wa s a
principles of dignity, lib erty, equality and br otherhood in the Bartolomé de las Casas. It is believed that repor
first two articles, followed successively by rig hts p ertaining Dominicans in Hispaniola motivated the Spanish
to individuals; rights of individuals in relation to each o ther act. T he sermon, known as the Christmas Sermon
and to groups; spiritual, public and p olitical r ights; and to further debates from 155 0-51 between Las Cas
economic, social and cultural rights. The final three articles Ginés de Sepúlveda at Valladolid. Among the pr
place, according to Cassin, rights in the context of limits, the Laws of Burgos were child labor; women's rig
duties a nd the social and politica l order in which they are to suitable accommodations; and rest/vacation, am
be realized. Humphrey and Cassin intended the rights in the Several 17th- and 18th-century European philoso
UDHR to be legally enforceable through some means, as is notably John Locke, developed the concept of na
reflected in the third clause of the prea mble [9]. the notion that people are naturally free a nd equal
Some of the UDHR was researched and written by a Though Locke believed natural rights were d
committee of inter national experts on human rights, divinity since humans were creations of God, his
including representatives from all continents and all major important in the development of the modern notio
religions, and drawing on consultation with leaders such as Lockean nat ural rights did not rely on citizenship
Mahatma Gandhi. The inclusion of both civil and political of the state, nor were they necessarily limi
rights and economic, social an d cultural rights was predicated particular ethnic, cultural or religious group.
on the assu mption that basic human rights are indivisible and same time, in 1689 the English Bill of Ri ghts was
that the different t ypes of rights listed are inextricably linked. Two major revolutions occurred during the 18t

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10 Md. Kamruzzaman and Shashi Kanto Das: The Evaluation of Human Rights: An Overview in Historical Perspectiv

the United States (177 6) and in France (1789). The Virginia Established as an agency of the League of N
Declaration of Rights of 17 76 sets up a number of now part of United Na tions, the Internatio
fundamental rights and freedoms. The later United States Organization also had a mandate to promote an
Declaration of Independence includes concepts of natural certain of the rights later included in the UDHR.
rights and famously states "that all men are created equal,
that they are endowed by their Creator with certai n 2.3.7. After World War II
unalienable rights that among these are life, liberty and the Rights in War and the Geneva Conventions
pursuit of happiness." Similarly, the French Declaration of The Geneva Conventions came into being be
the Rights of Man and Citizen defines a set of individ ual and and 1949 as a result of efforts b y Henry Duna nt,
collective rights of the people. These are, in the document, of the International Committee of the Red
held to be universal - not only to French citizens but to all conventions safeguard the human rights of
men without exception. involved in conflict, and follow on from the 189
Hague Co nventions, the international commu
2.3.5. 19th Centur y to World War I attempt to define laws of war. Despite first be
Philosophers such as Thomas Paine, John Stuart Mill and before World War II, the conventions were revise
G.W.F. Hegel expanded o n th e the me o f univer sality d uring of World War II and readopted by the i
the 18th and 19th centuries. In 1831 William Lloyd Garrison community in 1949.
wrote in a newspaper called The Liberator that he was trying The Geneva Conventions are:
to enlist his readers in "the great cause of human rights" so  First Geneva Convention “for the Amelior
the term huma n rights probably came into use so metime Condition of the Wounded and Sick in Arme
between Paine's The Rights of Man and Garrison's the Field”(first adopted in 1864, last re vision
publication (Mayer 2000). In 1849 a contemporary, Henry  Second Geneva Convention “for the Ame
David Thoreau, wrote about human rights in his treatise On the Cond ition of Wounded, Sick and S
the Duty o f Civil Disobedience which was later in fluential on Members of Armed Forces at Sea”(first
human rights and civil r ights thinkers. United States Supre me 1949, successor of the 1907 Hague Conventi
Court Justice Da vid Davis, in his 1867 opinion for Ex Parte  Third Geneva Convention r"elative to the T
Milligan, wrote "By the protection of the law, human rights Prisoners of War"(first adopte d in 1929, last
are secured; withdraw that pro tection and they are at the 1949)
mercy of wicked rulers or the clamor of an excited people"  Fourth Geneva Convention “relative to the
[13]. of Civilian Persons in Time of War”(first
Many groups and movements have managed to achieve 1949, based on parts of the 1907 Hague Con
profound social changes over the course of the 20th century In addition, there are three additional a mendme
in the name of human rights. In Western Europe and No rth to the Geneva Convention:
America, labor unions brought about laws gran ting workers  Protocol I (1977): Protocol Additional to
the right to strike, establishing minimum work conditions and Conventions of 12 August 1949, and rela
forbidding or regulating child labor. The women's rights Protection of Victims of International Arme
movement succeeded in gaining for many women the right to As of 12 January 2007 it had bee n ratif
vote. National liberation movements in many countries countries.
succeeded in driving out colonial powers. One of the most  Protocol II (1977): Protocol Additional to
influential was Mahatma Gandhi's movement to free his Conventions of 12 August 1949, and rela
native India fro m British rule. Mo vements by long-oppressed Protection of Victims of Non-Internatio
racial and religious minorities succeeded in many parts of the Conflicts. As of 12 Januar y 2007 it had been
world, among the m the civil rights movement, and more 163 countries.
recent diverse ide ntity po litics movements, on beha lf of  Protocol III (2005): Protocol Additional to
women and minorities in the United States. Conventions of 12 August 1949, and rela
Adoption of an Additional Distinctive Emb
2.3.6. Between World War I and World War II May 20, 2 008, it had been ratified b y 28 co
The League of Nations was established in 1919 at the signed but not yet ratified by an additional 5
negotiations over the Treaty of Versailles following the end All four conventions were last revised and ratif
of World War I. The League's goals included disarmament, based on previous revisions a nd partly on some
preventing war through collective security, settling disputes Hague Conventions. Later conferences ha
between countries through negotiation, dip lomacy and provisions prohibiting certain methods of w
improving global welfare. Enshrined in its Charter was a addressing issues of civil wars. Nearly all 200
mandate to promote many of the ri ghts which were later the world are " signatory" nations, in that they h
included in the Universal Declaration of Hu man Rights. these conventions. The International Committee
The League of Nations had mandates to support many of Cross is the controlling body of the Geneva co nve
the former colo nies of the Western European colonial powers
during their transition from colony to independe nt state.

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3. Strengthening Human Rights series of seminars and Education elaborate the achi
in respect of its most important mandated goa
(National Human Right Commission, awareness amongst people of all walks of life. The
Bangladesh) of success include, among others, a Mass Awarenes
of Working Together for the Promotion of Hum
After the Second World War, the world manifested its deep Awareness Creation on Child Rights and Juve
concern for Human Rights. The United Nations adopted the System, principles, Violence against Women etc [14
Universal Declaration of Human Rights on December 10 of
1948. Later on, the UN adopted t wo Covenants on Economic,
Social and Cultural Rights and Civil and Political Rights on 4. Conclusion
16th December 1966. Bangladesh acceded to the Covenant The preceding discussion gives an impression
on Civil and Political Rights on 6 September 2000 and the Human Rights had to pass a long way to obtain th
Covenant on Economic, Social and C ultural Rights on 5 international recognition. Universal Declaration
October, 1998. Rights created the stream of worldwide
An ordinance was promulgated in 2007 which formally international co-operations for assuring human rig
established the National Human Rights Commission which Human Rights have a universal figure, it’s scope an
started functioning from December 2008 in a very limited differ because of different socio-economic an
sphere. After the free a nd fair general election in 2008, the structure of various countries. In a well devel
Parliament enacted the N ational Human Rights The system of Europe or America, right to freedom or o
Honorable President, upon Commission Act-2009, freedom of opinion can be regarded as the mo
superseding the 2 007Ordinance reflecting the Committe e, human rights whereas relief from poverty or igno
appointed the Chairman and constitutional and international standard of rights in a poor, developing country o
human rights obligation espoused in the ‘Paris Principles’ world. However, Bangladesh has recognized UD
relating to the status of national human rights institutions. components of basic human rights have been ensh
The UN General Assembly in 1993 endorsed a set of constitution. But the widespread poverty,
minimum criteria designed to ensure the independence, malnutrition, want of social security and abuse of r
effectiveness a nd pluralism of the nationa l human rights point out the fact that issues on human rights are c
institution in the name of the 'Paris Principles'. Accordingly, in the holy pages of the Constitution. The scenario
based on the 'Par is Principles' and in pursuant to the NHR C of Human rights in other developing or und
Act 2009, the National Hu man Rights Commission, countries is more or less identical to that of Bang
Bangladesh was established as an independent and statutory therefore implied that the political leaders
institution. economists, scientists, social workers and philanth
The NHRC is an independent statutory body established do something meaningful to ensure human rights
by legislation (NHRC Act , 2009). Though NHRC is globe and in case of failure in this regard the worl
established o nly in De cember 2008, it’s eradicated for a be a happy abode for human beings.
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 References
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Citations (11) References (14)
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... Methods The purpose of understanding students' perceptions regarding human rights and their realization in Pakistan
was achieved by using a semi-structured interview design (Kvale & Brinkmann, 2015;Brinkmann & Kvale,
2018;Cosgrove, Corrie, & Wolever, 2021) underpinned by an interpretive approach (Crotty, 1998). This design assumes
that reality is socially constructed, dynamic and multiplex as the phenomenon of human rights is an evolving concept
and its scope and periphery differ because of the different socio-economic and political structure of various countries
(Kamruzzaman & Das, 2016) . ...

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... Bangladesh, yet receives little helpful attention by media, educators or politicians. Rape is an act of violence which
occurs when someone takes control over another by the use of physical threats or force or by exploiting another
person's inability to give or withhold consent for sex [5][6][7] [8] [9]. However, in many countries there has been little
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... As stipulated respectively in Article 1 and 2 of UDHR that "All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood"
and "Everyone is entitled to all the rights and freedom set forth in this Declaration, without distinction of any kind" [9][10]
[11][12] [13] [14]. ...

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Examining the role and presence of women in the Russian legislative process after the collapse of the Soviet Union
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