The History of Human Rights - Research Paper Example

? Human Rights This paper deals with the general concept of human rights. Human rights refer those fundamental rights and freedoms which every nation is expected to provide to its citizens. This paper reviews the concept and present practices of human rights, and the nature of freedom enjoyed by people. The paper also deals with history or origin of human rights. The purpose of human rights is to ensure peaceful and orderly social and political functioning within a state. To safeguard interests of its citizens, several national and international bodies are formed. This paper provides a brief detail of them along with human right practices in different nations. Introduction The concept of human rights was first introduced to the world by United Nations Charter in 1945 (Freeman, 2011, p 4). The elements or doctrines of human rights which were declared by United Nations are accepted across the globe as standard human rights. The human rights include a host of provisions or aspects. Some of these are- freedom by birth, equality of rights and dignity, promotion of universal peace and brotherhood, eradication of any discrimination in theory and practice, general right to lead one’s own life with liberty and security, general right of not entertaining any extreme punishment or degrading treatment, right to recognition, equality before law and State, right to fair trials and public hearing, right of doing social and cultural duties, right to opine and express, freedom of thought and conscience, freedom of exercising ones free will regarding selection of religion, political party, philosophy, and many others (Preamble, n.d.). This paper examines general characteristic features of human rights, its historical background, international bodies supporting its cause and finally its implication in present times. Human rights: general attributes The concept of human rights emerged as early as seventeenth and eighteenth century when the liberal doctrines were propagated by different socialists and philosophers. Capitalism got introduced in Europe during this time and resulted in major change in socio- economic structure. Due to capitalism, more precisely mercantilism, working class people suffered a lot. They were not only exploited on monetary and physical terms, but at the same time were also tortured, beaten, abused and even murdered. The idea of human rights initiated since then with an objective to initiate a protest against capitalist social order (Pollis and Schwab, 2000, p 11). As general people perceive it, human rights are a set of principles bestowed upon every individual on this earth. Human rights ensure that every person, irrespective of caste, creed, age, color and nationality enjoy some specific rights and freedoms. Often, the human rights are also considered as a ‘concept’ which is adopted for real- thinking and expressing those thoughts. Furthermore, it is expressed that human rights are nothing but a mode of ‘ethnic cleansing’. This implies that the more the interests and welfare of individuals are violated, the more implication of human rights becomes essential. In present times, human rights are mostly associated with social and economic issues like illegal transactions, terror, massacres, unfair trail, execution, mass rapes- wherever the relative security of individuals are compromised (Freeman, 2011, p 3-4). From traditional point of view, human rights could be classified into two groups- human rights associated with democracy and human rights associated with individual rights and freedom. Democratic human rights incorporate rights of individual person and masses regarding civil aspects and also aspects related to politics, economy, society, culture and religion. In practice, this concept of freedom and independence supported by human right varies across different nations (Duxbury, 2011, p. 46). Reasons behind formulation of human rights Out of the several reasons due to which the human rights were framed, one is being abused by prosecution by legal bodies or tribunals on behalf of the states. Since Second World War, injustice and biasness has been practiced on international as well as domestic level. The conditions got worsened by a brief history of armed conflict following soon after. This gave rise to international humanitarian law (Seibert-Fohr, 2009, pp. 1-2). Human right protection bodies: Though it is the task of respective nations to safeguard human rights of its citizens, several international bodies have come up with time to ensure that the activities of nations are monitored and rights and freedom of individuals are not curbed under any circumstance, either by States or by any other means. That is to say, human rights clarify the limits and extent of authority that a state can exercise upon its people. In modern world, much of international politics and diplomacy is related to human rights. Some of the international bodies which look after proper implementation of human rights are International League for Human Rights, Amnesty International, Children’s Defense Fund, National Association for the Advancement of Colored People, Simon Wiesenthal Center, United Nations Educational, Scientific and Cultural Organization, Human Rights Council, Office of Democratic Institutions and Human Rights of the Organization for Security and Co-Operation in Europe, The Asian Human Rights Commission, African Commission on Human and Peoples’ Rights, etc. (Human Rights Organizations). Other than government organizations numerous non- government organizations (NGOs) are also stepping forward for the cause of human rights. Both these types, along with the international bodies hold campaigns for better implication of human rights, monitor improvements and formulate laws for defending human rights in all spheres of life. This has resulted in large scale reformation of human rights in central and eastern countries of Europe, America and South Africa (Freeman, 2011, p. 8). Need for implication of human rights and human- right laws In present context human rights laws has become necessary because in modern times numerous crimes are committed which could not be classified under armed conflict. The nature and expansion of crimes prevents them from prosecution of international humanitarian law. Thus makes human rights laws very effective for large- scale crimes or international ones. In spite of the fact that human right laws provides coverage for only a limited types of crimes, it is fast gaining popularity in all parts of today’s world. In this regard, the human rights laws are often credited for limitations of international criminal laws as well as the domestic ones (Seibert-Foh, 2009, p. 3). Nowadays, each and every nation needs to defend human rights of its citizens for numerous reasons. Firstly, maintenance of human rights ensures a more peaceable world. Secondly, it prevents internal revolts and disturbances to a large extent. Whenever an internal revolt occurs, there remains every chance that the revolt might get viral and cross international borders. Thirdly, by promoting human rights, a nation would be keeping to the various agreements of human rights done at international levels, violation of which might make the nation experience seclusion and confrontation with world powerhouses and even armed battle (Clinton, 1994, p. 218). On the whole, the human rights ensure that interests of respective states do not clash with individual interests of its citizens. Moreover, it also ensures social harmony and co-existence within a multicultural lifestyle and settings within a society. Human rights: implications in different nations In almost all nations, human rights are treated with importance and concern. However in certain nations, the system or regime of defending and promoting human rights is weak compared to others. It is estimated that such shortcomings are direct results of obligations faced by states while treating human right violators, both on individual, group and corporate level (Bachmann, 2007, pp. 9- 10). Due to obligations asserted by human rights numerous nations have abolished capital punishment, i.e. death penalty. The abolition, however, was not decided all of a sudden. Since 1960, exemptions were being made regarding awarding of death penalty. Gradually more clauses were added to this law supported by international law-boards like International Covenant on Civil and Political Rights (ICCPR) and UN Economic and Social Council (ECOSOC) and the practice was finally abolished formally in 2007 (Amnesty International USA, n.d.). Presently, the human rights as well as the human rights laws are firmly grounded on “solid intellectual and legal foundation”. This implies that the human rights contain clear provisions for powers, immunities, liberties, and violations, insisting that the liberties must be taken as positive liberties and not the negative ones. From time to time, the human rights have helped various nations in monitoring and controlling actions of individuals, groups and masses. At the same time, it is worth noticing that the norm and practices of human rights is not held in similar lights all the time. That is, rights and freedom of individual or mass might be curbed under certain circumstances, as in time of national emergency, national calamity or at the time of war. Under such circumstances, the State holds supremacy and its citizens become answerable for their every action or deed (Haas, 2012). Conclusion It has become a debatable topic of present times that whether or not it is necessary to meet violation of human rights with criminal prosecution, and most importantly, adoption of standards by which degree of violation and graveness of the situation is to be measured. From time to time, the concept of human rights has been subjected to political and social controversy by dint of numerous moral issues associated with it. It is a fact well accepted that the issue of human rights has become an element of focus in international politics. Almost all the developed as well as developing nations are constantly concerned about recognition and promotion of human rights, for these rights ensure a better living of common people, thereby aiming at for general welfare all across the globe. Such objectives had led to formation of numerous organizations and agencies across the world, which look after safeguarding individual’s human rights, more so in case of women and children. References Amnesty International USA, (n.d.), Death Penalty and Human Rights Standards, retrieved on May 14, 2013, from:http://www.amnestyusa.org/our-work/issues/death-penalty/international-death-penalty/death-penalty-and-human-rights-standards Bachmann, S. (2007), Civil Responsibility for Gross Human Rights Violations: The Need for a a Global Instrument, Canada: PULP. Clinton, D. (1994), The two faces of national interest, US: LSU Press. Duxbury, A. (2011). The Participation of States in International Organizations: The Role of Human Rights and Democracy. England: Cambridge University Press. Freeman, M. (2011), Human Rights: An Interdisciplinary Approach. UK: Polity. Haas, M. (2012). International Human Rights: A Comprehensive Introduction. UK: Routledge. Preamble, (n.d.) The Universal Declaration of Human Rights, on May 14, 2013, from: https://www.un.org/en/documents/udhr/#atop Pollis, A., and Schwab, P. (2000), Human rights: new perspectives, new realities, US: Lynne Rienner Publishers. Seibert-Fohr, A. (2009), Prosecuting Serious Human Rights Violations. UK: Oxford University Press United for Human Rights, (n.d.), Human Rights Organizations, retrieved on May 14, 2013. from:http://www.humanrights.com/voices-for-human-rights/human-rights-organizations/commissions Read More