The evolution of human rights dates back over a hundred of years. Many multilateral treaties on human rights arose out of war. In the wake of Second World War, before the creation of United Nation in 1945, significant progress in protecting human rights has been made.
In the field of International Law-the oldest branch of human rights is protecting human rights in armed conflict and to relieve human sufferings. The birth of human rights is started with the Geneva Convention in 1864, in which the International Red Cross was officially recognized.
Hague Convention in 1899 and 1907 and Second Geneva Convention in 1906, as it continued the law of warfare. In 1899, the permanent Court of International Justice was established in Hague. During the first half of 20th century League of Nations, forming alliance of nations for mutual benefit and International Labor Organization (ILO) work for welfare of Labor class and protecting workers around the world.
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Before two devastating world war, there is no need to address universal human rights. During Second World War, in the wake of Japanese atrocities and Nazi Holocaust against people in occupied territory during Korea and China, the leaders of the victorious nations set about to create peace and understanding among all the nation. In 1945, the founding charter of United Nations underscored the need for all nations to encourage respect for fundamental freedom and human rights of all persons.
Many other writers expressed their views about the evolution of human rights. ES Venkataramaih said that “the concept of human rights is very much the product of history and of human civilization and as such is subject to evolution and as change.
Every person born in this world however is entitled to certain minimum rights which ought not to be curtained in any matters. It is in this spirit, the United Nations General Assembly adopted about forty years ago, on 10 December, 1948, the Universal declaration of Human Rights.
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Subsequently, it has enacted many conventions and protocols relating to human rights and placed them before the member countries for their acceptance and implementation. A large number of states have ratified them. The year 1968, which came 20 years after the Universal Declaration of Human rights was adopted, was declared by United Nations General Assembly as the International year of human rights and then Secretary General of United Nation, U- Thant requested all the members to take appropriate actions to upholds the human rights. Now that forty years have passed since the adoption of universal declaration of human rights, there is reason to take stock of the position and status of human rights the world over.
Mr. Lakayan described his view in following words: “Human rights remain with both a statement of reality with and an ever expanding set of objectives waiting to be actualized and their realization is possible only through process of class struggle.
Thus, while recourse to law, or appealing to state enforce the law, or legislate new ones will and possibly must remain important and even the primary strategy to remain transform the human conditions, equally important to evolve a social proxies, rooted in the need of the most oppressed communities, that seek to create the shared norms of civilized this a shared vision of how we want to live as collectivity that can produce us the moral bases for evolving over own conduct.”
The prominence given to human rights in all parts of the world is one of the most remarkable developments to have occurred during last half century. Human rights is pattern of growth may reflect the overall dynamic globalization that is creating a stronger sense of shared destiny among diverse people of world, even while it also generated a more stressful sense of ethics, religious and cultural differences.
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The human rights are an aspect related trend toward the democratization of state-society relation, which is the nature presuppose upholding the human right standard. The rise of human rights has encouraged various projects.
The most important of these is the use of force of engaged in “humanitarian intervention”. The standard justification of humanitarian intervention is gross violation of human rights. As overriding sovereignty seems increasingly acceptable in the face of human rights violations that amount to crimes against humanity.
“Humanitarian intervention” bearing the scope of right of self- determination in Article I of Human Rights. The implementation of these norms would challenge the prerogatives of some largest and small states in the world and would create serious risk of major warfare.
Human right creates an evolutionary optimism about the eventual attainment of world order and global justice. The contextualization of human right effectiveness is critically dependent on the establishment of functioning of global democracy. Its aim is to incorporate the rights and justice into framework of humane governance.
The global human rights is demand for power, (reflected wider political participation), for wealth (employ wealth for productive purposes), for respect (employ non-discrimination) are among value demands recognized. It is for well being, rectitude for all.
It is common observation that human beings everywhere demand the realization of diverse value and norms for well being of individual and it is also an observation that these demands are often painfully frustrated social forces resulting in exploitation, prosecution.
Deeply rooted these observations are well known ‘Human Rights’. The implementation of human rights has come to contemporary world affairs and international law. Nelson Mandela, a great political leader has done great for opposition of apartheid and discrimination. He works for the protection of rights of blacks.
Although it is clear that numbers of treaties and agreements were signed before Second World War. But with entry of United Nations into the force there is advent systematic protection of Human rights within the system. The International Mechanism operates to reinforce protection of human rights and constitutional system based on domestic legitimacy and rule of law. Thus, to provide adequate redress for that right has violated.
Ironically, the multilateral treaty on the human rights out of war and oldest branch of human right law is devoted to protecting human rights in armed conflicts.
Before Second World War, the issue of human rights rarely appeared on international political agendas. Most states violated human rights systematically. The treaties and structure innovated by international community in post-world war period directed toward the protection of human rights.
The human rights are viewed as an entirely internal political matter, an international protected exercise of the sovereign prerogatives of states. The main two principles within the domestic jurisdiction of sovereign state are-Rights of sovereignty has correlative duty, nonintervention, which is essential for protection of human rights.
There is great impact of cold war on status and functioning of various institution and structure organized for promotion and protection of human rights. It also influences on regime and status of human rights promotion and many other issues. There are many factor which led to evolution of human rights are-role of society, particularly developed ones, vis-a-vis human rights, role of institution like United Nations Organization, United Nations Higher
Commission for Refugees, International Court of Justice, World Health Organization (WHO), United Nations Educational, Scientific and Cultural Organization (UNESCO), International Labor Organization (ILO), etc. After First World War, International Labor Organization began to deal with some worker’s rights. The League of Nations was given limited power to protect ethnic minorities in areas where boundaries arises had been altered war. With this marginal exception, before Second World War broke out in 1939, human rights had not been a topic of an international relation.
In national perspectives, the factor which shaped the evolution of human rights are-colonialism, post-colonialism, post-independence development in historical scenario, protection of minority class like women, children, disabled person and other issue which become a matter of national concern in promotion of human rights included violation of rights by terrorist, armed political groups, intra-societal violation of rights of poor and weak by the dominant group including role of judiciary, gender inequalities and exploitation, National Human Rights Commission and one of statutory commission on women, minorities, linguistic minorities, SC’s and ST’s, Role of Media and non-governmental organization.
After national perspective, in International scene, there was emergence of United Nations after Second World War, which was geared to generate and keeps up mankind desire for peace. The United Nations Charter looks for formalization of Human rights and culminated in universal declaration of human rights, which were adopted by General Assembly on December, 10, 1948. The rights in declaration were universal.
The various convents, commissions, treaties, declarations added strength to Human Rights. The International Court of Justice also played an important role to make global community realize the significance of human rights in present day.
Today, human rights are become study of human nature. In contemporary international relation, the movement of subject area of human right is from theoretical analysis to judgment of practice, to recommendation about policy. In post-cold war period, with demise of ideological block which trended to provide cover for human rights violators, many countries among international pressure to improve their human rights record and less likely to prevent international action to promote human rights.
The subject area of human rights form cornerstone in modern day democratic contribution. The Indian constitution, in particular its provision related to the fundamental rights and directive principle of state policy and other miscellaneous constitutional safeguard for right of Indian Citizen have been contributed to diversify of literature and richness as available in the subject of human rights.
After 1990, human rights revolution took place. The establishment of various State Level Commission has brought the revolutionary change in law enforcement agencies and in the working of executive. This commission has become yardstick as far for the enforcement of human rights is concerned in India. Now as there is a situation, when no law enforcing agencies dare to violate human rights because of fear of penalties and punishment.
The Indian constitution also ensures the national legislature to ensure their promotion and protection by enacting an appropriate law to create condition of stability, peace, order and well-being of all. This well being is essential and necessary and essential for peaceful and friendly relation with nations having respect for the principle of distributive justice and self-determination.
As many problem like torturous, barbarity, inhuman treatment are prevalent in many countries and in such a situation, general conception of human right are essential attempt on the part of International Community to defend the citizen against inequities of government.
The International concern with human rights has active international concern with welfare of man, as an agent of social economic change which promotes the advancement of human right and liberties as self-fulfilling idea. The human right field in India is quite developed. The various national and international provisions of human rights in India and their enforcement within the country and lot of work are still need to be done to further establish human rights within the country.
The several instruments are adopted by international community obligate government to promote and protect human rights. The human rights are possible in sustainable development, where there is equal distribution of resources, distributive justice among all human being without any discrimination.
The emergence of International human right after Second World War: Before Second World War International law and diplomacy had not addressed human rights. The first step that filling this void came with Nuremberg war crime trial at which Nazis were prosecuted under the novel charge of crime against humanity.
Nuremberg was an important step towards international action against human rights violation. Human rights are really emerged as a standard subject of international relations, though in United Nation. The Preamble of charter of United Nations, reaffirm faith in United Nations’ Human Rights.
Article 1 of Charter provides “encouraging respect for human Rights and for fundamental freedom for all” as one of the organizations principal purposes. United Nations works for promotion and protecting of human rights and move quickly to elaborate strong human rights standards.
Universal Declaration of human rights was adopted in 1948 by UN General Assembly and it provides the most authoritative statement of international human rights norms. Many- provision, declaration are on human rights and on 10, December, the anniversary of its adoption, as “Human Rights Day” was celebrated. From time to time, Human Rights become one of the areas of struggle.
From Cold War to Covenants, human rights become one of important issue. The rise of cold war, ideological and geopolitical struggle, brought this initial progress to halt. Human rights become just one more area of superpower struggle. In late 1950, United Nation Commission on Human Rights discussed freedom of information but completely ignores the all civil, political, economic, social rights.
Soviet Union tried to focus on the racial discrimination in United State and problem of unemployment. The both superpower raised those issues out of an independent concern for human rights. But both the superpower also charges of human rights violation and disregard the human rights.
For e.g. in 1956, Soviet Union tanks rolled into Hungary to put an end to liberal political reforms and impose a totalitarian dictatorship. In 1954, in Guatemala, United State violates the human rights. United Nations continued its discussion and as a result, Universal Declaration of human rights was adopted and it is the “standard of achievement”.
Decolonization was the principal exception to pattern of UN ineffectiveness in field of human rights after 1948. The process of decolonization that began in 1947, with independence of Indonesia and India accelerated dramatically in Africa in late 1950s and 1960s. By mid 1960’s, Afro-Asian States formed largest voting bloc in the UN.
All these countries, which had suffered during the colonial rule, had a special interest in human rights issues. For e.g., The International Convention on elimination of all forms of Racial Discrimination in 1965. In 1966, completed the single treaty in 1948 were broken into two- International Covenant on Economic, Social and Cultural Rights and International Covenant on Political and Civil Rights.
The Covenant together with Universal Declaration, represent an authoritative statement of human rights norms. These three documents were collectively known as “International bill of Human Rights” which provide social and economic guarantees which are essential for dignity life and for welfare of all the people in contemporary world. This covenant provides high point of UN’s standard setting work and comprehensive progress in international action on behalf of human rights which necessary in area of implementing these standards.
From 1970’s, UN form standard setting to monitoring progress. There is existence of international norms such those in universal declaration of human rights would give the United Nation authority to inquire into how the state implemented.
In 1967, Economic and Social Council Resolution, 1235 authorized the commission on Human Rights to discuss human rights violation in particular countries. In 1968, a special committee of investigation was created to consider human rights in territories occupied by Israel after the 1967 war.
The 1965 racial discrimination convention, which requires parties to file periodic reports on implementation, came into force in 1969. In 1970, Economic and Social council resolution 1503 authorized the commission on human rights to conduct the confidential investigation of communication that attested violation of human rights and fundamental freedom. This was known as 1503 procedure.
As a result, little substance has been achieved through this procedure and implementation provision of racial discrimination is extremely weak. There are initiatives in South Africa and occupied territories largely reflected special political concern of the newly Afro-Asian countries and 1235 Resolution stipulating special concern to racial discrimination, colonialism and apartheid.
UN was merely setting standards to examining, monitoring and standards are implemented. The monitoring process continued in 1970’s. UN has created ad hoc working group on situation of Human rights in Chile. The International Human Rights Covenant entered into force in 1976 and become binding legal obligation of those force.
The United Nation is inter-governmental organization, established by treaty among sovereign states. All its members are sovereign states and delegate of United Nations represent State, Those individual whose rights are violated by state. UN is one of the inter-governmental organization gave power to individual whose rights are violated.
In 1970’s Human Rights introduced into the bilateral foreign policy of individual countries. In 1970’s, there is great connection of Human Rights with the recipient countries. It was also decade in which Human Rights Nongovernmental Organization, private organization engaged in political activity emerged as international political force as symbolized by Noble Peace Price to Amnesty International in 1977.
Such groups act as advocate for victim of human rights violation by lobbying to alter and eliminate practices of international organization and states. Amnesty International was founded in 1961 and had international membership of more than 1 million and end of 1990.
It also publish an annual report on various issues concerned like torture, inhuman treatment etc. It publishes human rights issues through public statement and media. This amnesty International take almost 3000 prisoner’s cases and campaigns on the behalf of individual prisoners and make active role in investigated the case over 42,000 individual prisoners.
These Amnesty International make focus on the human rights and its problems and its commendable work for protection of these rights by lobbying, creating public statements, campaigning and solving the cases of individual prisoners.
But these Human Rights NGO’s do not have broader foreign policy concern that may conflict with their human rights objectives. But they have the great power of publicity, press, media, persuasion, power to fight for their right. But they lack the resources of weak states.
These NGOs have one of great role in helping legitimizing International concern with human rights. NGO’s have helped to incorporates concern for human rights into the foreign policies of individual countries. For e.g. Dutch Section of Amnesty International was involved in the drafting of 1979, White paper that made human rights a formal part of foreign policy of Netherland.
NGO’s have been involved in domestic policies of large number of states. Lobbying by Human Rights on- governmental organization helped to assured that human right, are included in United Nations Charter. These NGOs have played an important role in UN and become active, regular influential participant in human rights work of UN. For e.g. in 1970’s and 1980’s, Role of Amnesty International in initiative on torture and other issues.
In mid and late 1970s, numbers of human rights NGOs and level of their activities increased dramatically. Many groups like International League of Rights of Man, International Human Rights Law Group, intergovernmental organization, and private group’s significant international actors on behalf of human-rights.
In 1980’s there was further growth and institutionalization. Multilateral, bilateral and non-governmental human rights activity continued to increase. Several important normative instruments were completed by the United Nations.
In 1979, the convention on Elimination of Discrimination against women was open for rectification. The convention against torture, inhuman treatment, punishment was opened in 1984. The General Assembly adopted a Declaration on Right to Development in 1986.
In 1989, there is convention on Rights of the child. In area of monitoring, there is Human Rights committee review the reports on International Covenant on Civil and Political Rights. In 1986 there committee on Economic, Social and Cultural rights to make report and monitoring them. The commission on Human Rights also deals with various cases under public scrutiny.
In 1980’s the process of incorporating human rights into bilateral foreign policy also accelerated. The number of countries explicitly incorporated human rights into foreign policy. Many third world countries such as Costa Rica have also emphasized human rights in their foreign policy.
Asia presented the most dramatic human rights setback of the decade, the June 1989, massacre in Beijing Tiananmen Square. With the peaceful protest violating repressed and even modest liberalization fore closed, the people Republic of China has forcefully reaffirmed the continuing vitality of Stalinist totalitarianism in one country.
The popular pressure of democratization also seems to have been defeated by military repression in Burma. In North Korea, there was not temporary liberalization of Tiananmen Spring. In 1992, Military coup ended Thailand most recent experiment with democratic civilian rule. In Philippines, the human rights violation increased significantly in 1990 and 1991.
The Middle East, almost universally discouraging regional human rights picture like Iran and Iraq fought and finally concluded an extraordinary vicious costly war. The Gulf State remains the closed and undemocratic. Israel violation of Palestinian human rights and greater internal pressure on Israeli democracy.
Though 1980’s and early 1990’s have established new expectation, both nationally and internationally created new opportunities and also some problems for human right activity. In this period of time with the special relevance to human rights was collapse of the authoritarian and totalitarian regimes and bring new form of human rights picture there was gap between getting rid of human right violation and establishing protective regimes.
From various periods of time, the picture of human rights changed according to it. There are many antecedents that have played a great role in human rights. One of them is-League of Nation. Many writers gave their views on human rights.
David P. F.-“There is excellent introduction to complex subject, filled with facts and figure-but more importantly filled with stimulating ideas. Donnelly shows that he has though long and hard about human rights in international perspectives. The annotated bibliography and discussions are extremely useful for further thinking.”