THE CONCEPT OF HUMAN RIGHTS
Definition Of Human Rights :-
Section 2d of the protection of human rights Act 1993
Human rights means the rights relating to life ,liberty ,equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by court in India .article 19 of the constitution of India deals with protection of certain rights regarding freedom of speech ,etc. . The primary aim of the human rights restriction upon the authoritarian power of the state .
Magna carta which was singed in the 13th century was to protect the rights of lord in England. Human right to higher classes of people . The bill of rights 1689 later declared certain freedom available to all citizen ,declaration of independence 1776 the united stats of America . Has declared certain inalienable human rights . Period of French revolution ‘’all men are bore free they remain free and they have equal rights .
•Human rights are recognized for the personal development of a human rights .
•The human rights to equality means that no human beings is higher or lower in the eye of the law . It means not discrimination between males and females .
•Human rights is part of international law it has crossed all geographical boundaries .
•United national organization has framed the declaration of human rights on the 10th December 1948.
•The concept of human rights is born out of protest against dictatorship .dictatorship violates the right to equality .
•The constitution of India has also given certain human rights to people of the India . However ,our country faces acute problem of economic inequality , there are nearly 30 crores of our people living below the poverty line . The right against exploitation Art23 of the constitution of India .
Though in our constitution there is no mention of the right to education as a fundamental right The supreme court of India has declared the right to education as a fundamental right as as far back as 1993 in the case of unnikrishanan . In various landmark ruling the supreme court of India has declared that Art 21 including the right to health ,right to environment the right to life and the right to live with dignity . All these human rights.
ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS
The conception of human right is not the very modern ,the roots of human rights are found very deep in the ancient and ancient most cultures .
The origin and development of the human rights has been on two bases the first is a national and the second is the international . Developed in the form of religion in different countries and in different times . Vedas are the most ancient or the first ,religious book of the mankind .
CHARTER OF LIBERTY
Human rights Magna carta of 1215
Petition of rights of 1628
Habeas corpus act of 1679
Bill of rights of1689 some of such steps taken in England
MODERN CONCEPTION OF HUMAN LAW BEARING HR ARE
17th and 18th centuries conception of natural law . Spinoza inspired faith in natural law and universal organism . During 18th centuries john Locke ,the England philosopher may be called the most important theorist of natural law relating to the revolution of 1688 ,
CONCEPT OF NATURAL LAW
Natural law is that law in which principal of nature are found natural law is superior to positive law .The America declaration of independence is based upon the natural law theory . Saint Thomas Aquinas has described natural law as a gift of god . According to Bentham ,a right is born out of law .Second world war ,due to atrocities committed by the state power .
CONCEPT OF NATURAL RIGHT AND LEGAL RIGHT
•Human rights are gift of the nature to mankind
•Nature is the authored of the certain right
•Stoics –right to equality as given by the nature .
•Roman thinker –Polybius and cicero –existence of law of nature
•Thomas Hobbes – right to life as a natural rights
•John Locke –life ,liberty and property as a natural right .
•Doctrine of natural rights .
•United nations in 1948 all human beings are born free and equally in dignity and rights .
•Convicted criminals who have violated the rights of the others
A legal rights is an interest recognized and protected by a rule of law ,violation of which would be legal wrong .thus every one has right to privacy
CHARACTERISTIC OF HUMAN RIGHTS
There are 3 characteristics of human rights
•Human rights are said to be recognized
•Inalienable natural and inherent
•All human beings are said to be essentially equal
CLASSIFICATION OF HUMAN RIGHTS
Louis B.sohan has classified human rights in the following three categories .
THE FIRST GENERATION OF THE HUMAN RIGHTS . (THE INTERNATIONAL CONVENET ON CIVIL AND POLITICAL )
THE SECOND GENERATION OF THE HUMAN RIGHTS (THE INTERNATIONAL COVENANT ON ECONOMIC AND SOCIAL AND CULTURAL RIGHTS )
THE THIRD GENERATION OF THE HUMAN RIGHTS (COLLECTIVE RIGHTS )