HUMAN RIGHTS IN RETROSPECT
Throughout
the course of human civilization, man has been in the quest and struggle for
peace, justice and freedom. Today, in every part of the world, men, women and
children of all faiths and languages, of every colour and creed, are shouting
for Human Rights. Why? Because, Human Rights, being inherent, inalienable and
universal, cannot be denied to any person living on this planet. They are
inherent in the sense that they are the birthright of all human beings and
people enjoy them simply by virtue of their human existence. They are
inalienable in the sense that people cannot agree to give them up or have them
taken away from them, and universal in the sense that they do not just apply to
individuals as “citizens” or groups but to all persons regardless of their
group identities. In simple terms, Human Rights are what make us human, Human
Rights are what reason requires and the conscience demands. Human Rights are
the expression of these traditions of tolerance in all cultures that are the
basis of peace, prosperity and progress in the world. The most striking feature
of the concept of Human Rights is that they may be difficult to define but are
impossible to ignore. The colour of the skin may be white or black, the level
of mental make-up may be high or low, the way of life of people may be
primitive of modern, but none of them could be denied their Human Rights by any
stretch of imagination.
The term “Human
Rights” came somewhat late in the vocabulary of mankind; but, throughout
history, there has consistently been a concern for the protection of the rights
of the individual. There have always been certain rights in very society since
ancient times. The origin of Human Rights can be traced back to ancient Greece
and Rome.
They, however,
developed later in the medieval period which roughly ranges from the 13th
century to the Treaty of Westphalia (1448), spreading over the period of the
Renaissance and the decline of feudalism. The teachings of Acquinas and Hugo
Grotius on the European Continent and certain declarations like the Magna Carta
(1215), the Petition of Rights (1628) and the English Bill of Rights (1689) in
England can be cited as proofs of the evolution of the of the concept of Human
Rights.
The
materialism of Thomas Hobbes, the Pantheism of Benedict de Spinoza, and the
empiricism of Francis Bacon and John Locke encouraged a belief in natural law
and universal order. During the 18th century, the so-called age of
Enlightenment, a growing confidence in human reason and human affairs was seen.
John Locke in England, Montesque, Voltaire and Jean Jacques Rousseau in France,
to name a few, supported human reason and tried to prove the superiority of
natural law and Human Rights.
The practical
examples of England’s Glorious Revolution of 1688 and the resulting Bill of
Rights in 1689 also provided the rationale for the wave of revolutionary
agitation which influenced the West, most notably North America and France.
The struggle
for rights was accelerated which resulted in the American Declaration of 1776
and the French Declaration of Rights of Man and Citizen in 1789. The decline of
feudalism and the beginning of Industrial Revolution gave a fresh impetus to
the movement of rights, justice and equality. The October Revolution of 1917 in
Russia made it clear that all men are equal and should be treated with equality
and dignity.
The abolition
of slavery, popular education, and universal suffrage were some of the examples
of the 19th century cross-currents which kept alive the idea of Human Rights.
It was the
rise and fall of Nazism in Germany, which imparted a real meaning to the idea
of Human Rights. With the establishment of the League of Nations(1919) after
the First World War(1914-1918) the cause of the Human Rights was further strengthened
at the international level.
The horrors
of the Second World War(1939-1945) led to the birth and recognition of the
modern Human Rights movement in the world. The establishment of the United
Nations Organisation on 24th October 1945 and the subsequent international
concern for Human Rights widened the scope of this movement. The corner-stone
of this post-war Human Rights movement is the Universal Declaration of Human
Rights of 1948. Representatives from diverse cultures accepted the charter of
UDHR which is universal for all peoples and all nations. The adoption of the
International Covenant on Civil and Political Rights (ICCPR) and International
Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966 gave a legal
force to the movement of Human Rights. The United Nations passed various
covenants, declarations and protocols regarding Human Rights of the old, women,
children, refugees, minorities, etc., so that Human Rights could be safeguarded
for all sections of the society.
Thus, the 21st
century brought about a new and changing political context for Human Rights. We
can say that the concept of Human Rights was in a rudimentary form in ancient
times, in the formative stage in the Middle Ages, and is now fully grown in the
21st century.
For today’s
man & woman, Human Rights are not only important but essential. The caravan
of Human Rights is moving fast to eliminate hunger, genocide, torture, inhuman
and degrading treatment and poverty from the face of the earth and to make it
possible that every human being could get a human treatment which he/she
deserves. Human Rights are more widely accepted than they have ever been.
Dr.
M.N. Rahman
Assistant Professor
JEMTEC, School of Law
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