THE EMERGENCE AND ANALYSIS OF HUMAN RIGHTS

introduction Human rights are moral principles or norms, that describe certain standards of human behavior, and are regularly protected aslegal rights in municipal and international law. They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being," and which are "inherent in all human beings" regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They require empathy and the rule of lawand impose an obligation on persons to respect the human rights of others. They should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture, and execution. The doctrine of human rights has been highly influential within international law, global and regional institutions. Actions by states and non-governmental organizations form a basis of public policy worldwide. The idea of human rights suggests that "if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights." The strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature and justifications of human rights to this day. The precise meaning of the term right is controversial and is the subject of continued philosophical debate; while there is consensus that human rights encompasses a wide variety of rights such as the right to a fair trial, protection against enslavement, prohibition of genocide, free speech, or a right to education, there is disagreement about which of these particular rights should be included within the general framework of human rights; some thinkers suggest that human rights should be a minimum requirement to avoid the worst-case abuses, while others see it as a higher standard. Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the atrocities of The Holocaust, culminating in the adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. The modern human rights arguments emerged over the latter half of the twentieth century, possibly as a reaction to slavery, torture, genocide, and war crimes, as a realization of inherent human vulnerability and as being a precondition for the possibility of a just society. CHAPTER 1: mEANING OF hUMAN RIGHTS Meaning of Human rights Human rights are rights inherent to all human beings,by the virtue of they being humans whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status be. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups of thosenations; they are answerable to the corresponding international organization to which they are bound either by treaty or by conventions. Characteristics of human rights: Human Rights are rights which are universal, inalienable, independent and indivisible in nature. They are equal and do not discriminate among humans the concept of human rights entail both rights and obligations to each human. By the virtue of the fact that they are being guaranteed and have been embedded in them by the nature, they are their rights, which were born with them and now will die with them, and obligations lie on the state to ensure the dignity of such rights to be the soul matter of every man. Universal and inalienable The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. All States have ratified at least one, and 80% of States have ratified four or more, of the core human rights treaties, reflecting consent of States which creates legal obligations for them and giving concrete expression to universality. Some fundamental human rights norms enjoy universal protection by customary international law across all boundaries and civilizations. Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law. Interdependent and indivisible All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education , or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.   Equal and non-discriminatory Non-discrimination is a cross-cutting principle in international human rights law. The principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.   The principle applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so on. The principle of non-discrimination is complemented by the principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” Both Rights and Obligations  Human rights entail both rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others. Concept of human rights The state of crisis that arose every day, in the evolution of contemporary society determines the recurrence to the problem of human rights in the society. Placing the problem of human rights and liberties on a first level is a proof of the great spiritual, cultural and moral transformations but also of the political-legal ones of the international community. In other words, the problem of human rights is entangled together with the problem of peace, whose promising ambits offer until now not only a remote image of a world with less weapons and more security, continues to be one of the dominant matters of political life and public debate. Not only on internal level but also on international level we tried finding some answers to the many and complex problems related to human existence and human rights, but also in the field of direct state political action, in international organizations and reunions and in information media. These multiple and complex problems on internal level are, According to Ion Diaconu “integrant part of the phenomena and evolutions of political, economic, social and cultural life of every country and the problem of their achievement cannot be mentioned without a historical, national, social and political context. The situation is presented differently in every country and keeps progressing, depending on the national historical circumstances and the direction of development in every country.” (Ion Diaconu – Human Rights, Romanian Institute for Human Rights, Bucharest, 1993, p.4) 416 Ion Diaconu also asserted that “on international level, the matter of human rights is closely connected to the evolution of the global problems of mankind – security, peace, development. The multiple existent problems which appear in every country can only be solved within the context of a positive evolution in fields such as the settlement of the existent problems and the prevention of others, the provision of the development of all countries in the world, the maintenance of peace and international security.” He asserted that “At the same time, we should try to separate the directions of action regarding the collaboration within the states in this field, as resulting from the adopted international commitments and from the manner in which they are practiced within the United Nations institutions and other organizations”. As social phenomenon, human rights have their origin in antiquity. In exchange, as legal phenomenon, human rights have been originated by the natural law doctrine, starting from the idea that humans, by their own nature, anywhere and anytime have rights that are previous and primary to the ones assigned by the society and admitted by the natural law. In other words, this is a superior right in relation to the expression of state’s will in various forms of its existence and unconditioned by the interests that the state might have in a moment of its historical evolution. In this sense we consider that we may take into account the appreciation made by Giorgio del Vecchio, who asserted that: “The idea according to which the human being by its nature has certain reasons, valid even if they do not correspond or they correspond partly to the dispositions of positive laws, has appeared in human mind since very old times and has been defined in bright words, due to the antic philosophy or to the Roman case laws in the same way as during the following epochs, sometimes inspiring itself from the doctrines of Christian religion, and other times only from the reason light.”  chapter 2: Definitions of human rights The expression Human Right denotes “all the rights which are inherent in our nature and without which one cannot live as a human being1”. The United Nations Charter sets forth the "inherent dignity" and the "equal and inalienable rights of all members of the human family." Upholding these human rights principles as "the foundation of freedom, justice, and peace in the world" is fundamental to every undertaking of the United Nations. Article 1 of United Nations Declaration of Human Rights 2.runs as: “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.” This is the basic postulate on which the declaration is based, it clearly implies that every human being has been guaranteed a right to liberty, equality and dignity by the virtue of their birth, and he cannot be isolated from the very right. The basic assumption being that, humans are rational beings with capabilities which differentiate them from the other living animals on this earth, thus, they are entitled to certain special rights and freedoms which the other living creatures do not have. Article 3 of the same, says, ‘right to life, liberty and security shall be basic to a person3.’ A similar approach has been taken by the Protection of Human Rights Act, 1993 where sec.2(d) of the aforesaid reads as human rights are ,”the rights relating to life, liberty, equality and dignity of the individuals guaranteed by the Constitution or embodied in the International Covenants and Enforced by the Courts in India.4” Teaching human rights, united nations, New York,1989,pg.5. United Nations Declarations of Human Rights, enacted 1948. Ibid. Protection of Human Rights Act, 1993, sec 2d, (India). chapter 3: Development of Human rights In a very famous Greek play, ‘Antigone’, Sophocles describes that Antigone’s brother is a rebel to the then king, and he was killed and his burial was denied by the king Creon, in defiance to the order, Antigone buried him, and was thus prosecuted, she pleads” that my act is in accordance with the immutable, unwritten laws of heaven, which even the king cannot override.” Thus, the concept of human rights is no new and is traced back to the natural rights of man by eminent historians. The Cyrus Cylinder (539 B.C.) In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of Babylon. But it was his next actions that marked a major advance for Man. He freed the slaves, declared that all people had the right to choose their own religion, and established racial equality. These and other decrees were recorded on a baked-clay cylinder in the Akkadian language with cuneiform script. Known today as the Cyrus Cylinder, this ancient record has now been recognized as the world’s first charter of human rights. It is translated into all six official languages of the United Nations and its provisions parallel the first four Articles of the Universal Declaration of Human Rights. The Spread of Human Rights From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature of things. Roman law was divided into categories of ‘jus civile’, laws for citizens and ‘jus gentium’, laws for non-citizens based on the present International law, based on the principles of ‘jus naturale’ which enabled them to humanize these rules to the common sense. The Middle Ages: Scholastic Philosophers, Abelard and Thomas Aquinas, laid stress upon the concept of natural law as the higher principles of law to be derived from reason, but they did not go in quest of making the human personality as the main concern of law and social life. Aquinas justified the existence of the practice of slavery. Thus, ‘man’ was dispensed with as central notion of mediaeval philosophy of knowledge. Much attention was focused on the development of the principle of the sovereignty of state rather than on the development of respects for human qualities. This principle later on became one of the greatest obstacles to the international protection of human rights. A setback was caused during 16th century to the development of the concept of natural rights by Machiavelli’s teachings. He opposed the concept of natural law and supported absolute monarchy. His philosophy was not based on any mystical thought such as that of natural law. The concept of natural law was again revitalized for two reasons: The Reformatory thoughts of church, which were taken as command then The coming of the social contract theory In the 16th and 17th century, philosophers namely Thomas Hobbes, John Locke and jean J. Rousseau, they used the notion of social contract to establish a relationship of individual and society. The social contract writers claimed that a superior power, either manual or legal was established in pursuance of the social contract under which the people collectively undertook to obey the commands of such superior power so long it governed them in their common interest and kept itself within the terms of contract. Documents asserting individual rights, such as the Magna Carta (1215), the Petition of Right (1628), the US Constitution (1787), the French Declaration of the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today’s human rights documents. Magna Carta (1215) The Magna Carta, or “Great Charter,” was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the English-speaking world. In 1215, after King John of England violated a number of ancient laws and customs by which England had been governed, his subjects forced him to sign the Magna Carta, which enumerates what later came to be thought of as human rights. Among them was the right of the church to be free from governmental interference, the rights of all free citizens to own and inherit property and to be protected from excessive taxes. It established the right of widows who owned property to choose not to remarry, and established principles of due process and equality before the law. It also contained provisions forbidding bribery and official misconduct. Widely viewed as one of the most important legal documents in the development of modern democracy, the Magna Carta was a crucial turning point in the struggle to establish freedom. Petition of Right (1628)  The next recorded milestone in the development of human rights has been the Petition of Right, produced in 1628 by the English Parliament and sent to Charles I as a statement of civil liberties. Refusal by Parliament to finance the king’s unpopular foreign policy had caused his government to exact forced loans and to quarter troops in subjects’ houses as an economy measure. Arbitrary arrest and imprisonment for opposing these policies had produced in Parliament a violent hostility to Charles and to George Villiers, the Duke of Buckingham. The Petition of Right, initiated by Sir Edward Coke, was based upon earlier statutes and charters and asserted four principles: (1) No taxes may be levied without consent of Parliament, (2) No subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus), (3) No soldiers may be quartered upon the citizenry, and (4) Martial law may not be used in time of peace. United States Declaration of Independence (1776) On July 4, 1776, the United States Congress approved the Declaration of Independence. Its primary author, Thomas Jefferson, wrote the Declaration as a formal explanation of why Congress had voted on July 2 to declare independence from Great Britain, more than a year after the outbreak of the American Revolutionary War, and as a statement announcing that the thirteen American Colonies were no longer a part of the British Empire. Congress issued the Declaration of Independence in several forms. It was initially published as a printed broadsheet that was widely distributed and read to the public. Philosophically, the Declaration stressed two themes: individual rights and the right of revolution. These ideas became widely held by Americans and spread internationally as well, influencing in particular the French Revolution. The Constitution of the United States of America (1787) and Bill of Rights (1791) Written during the summer of 1787 in Philadelphia, the Constitution of the United States of America is the fundamental law of the US federal system of government and the landmark document of the Western world. It is the oldest written national constitution in use and defines the principal organs of government and their jurisdictions and the basic rights of citizens. The first ten amendments to the Constitution—the Bill of Rights—came into effect on December 15, 1791, limiting the powers of the federal government of the United States and protecting the rights of all citizens, residents and visitors in American territory. The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of assembly and the freedom to petition. It also prohibits unreasonable search and seizure, cruel and unusual punishment and compelled self-incrimination. Among the legal protections it affords, the Bill of Rights prohibits Congress from making any law respecting establishment of religion and prohibits the federal government from depriving any person of life, liberty or property without due process of law. In federal criminal cases it requires indictment by a grand jury for any capital offense, or infamous crime, guarantees a speedy public trial with an impartial jury in the district in which the crime occurred, and prohibits double jeopardy. Declaration of the Rights of Man and of the Citizen (1789): In 1789 the people of France brought about the abolishment of the absolute monarchy and set the stage for the establishment of the first French Republic. Just six weeks after the storming of the Bastille, and barely three weeks after the abolition of feudalism, the Declaration of the Rights of Man and of the Citizen (French: La Déclaration des Droits de l’Homme et du Citoyen) was adopted by the National Constituent Assembly as the first step toward writing a constitution for the Republic of France. The Declaration proclaims that all citizens are to be guaranteed the rights of “liberty, property, security, and resistance to oppression.” It argues that the need for law derives from the fact that “...the exercise of the natural rights of each man has only those borders which assure other members of the society the enjoyment of these same rights.” Thus, the Declaration sees law as an “expression of the general will,intended to promote this equality of rights and to forbid only actions harmful to the society.” The First Geneva Convention (1864) In 1864, sixteen European countries and several American states attended a conference in Geneva, at the invitation of the Swiss Federal Council, on the initiative of the Geneva Committee. The diplomatic conference was held for the purpose of adopting a convention for the treatment of wounded soldiers in combat. The main principles laid down in the Convention and maintained by the later Geneva Conventions provided for the obligation to extend care without discrimination to wounded and sick military personnel and respect for and marking of medical personnel transports and equipment with the distinctive sign of the red cross on a white background. The United Nations (1945) World War II had ranged from 1939 to 1945, and as the end drew near, cities throughout Europe and Asia lay in smoldering ruins. Millions of people were dead; millions more were homeless or starving. Russian forces were closing in on the remnants of German resistance in Germany’s bombed-out capital of Berlin. In the Pacific, US Marines were still battling entrenched Japanese forces on such islands as Okinawa. In April 1945, delegates from fifty countries met in San Francisco full of optimism and hope. The goal of the United Nations Conference on International Organization was to fashion an international body to promote peace and prevent future wars. The ideals of the organization were stated in the preamble to its proposed charter: “We the peoples of the United Nations are determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind.” The Charter of the new United Nations organization went into effect on October 24, 1945, a date that is celebrated each year as United Nations Day. The Universal Declaration of Human Rights (1948)  By 1948, the United Nations’ new Human Rights Commission had captured the world’s attention. Under the dynamic chairmanship of Eleanor Roosevelt—President Franklin Roosevelt’s widow, a human rights champion in her own right and the United States delegate to the UN—the Commission set out to draft the document that became the Universal Declaration of Human Rights. Roosevelt, credited with its inspiration, referred to the Declaration as the international Magna Carta for all mankind. It was adopted by the United Nations on December 10, 1948. In its preamble and in Article 1, the Declaration unequivocally proclaims the inherent rights of all human beings: “Disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people...All human beings are born free and equal in dignity and rights.” The Member States of the United Nations pledged to work together to promote the thirty Articles of human rights that, for the first time in history, had been assembled and codified into a single document. In consequence, many of these rights, in various forms, are today part of the constitutional laws of democratic nations. October 24, 1945, in the aftermath of World War II, marked the emergence of United Nations as an intergovernmental organization, with the purpose of saving future generations from the devastation of international conflict. The Charter of the United Nations established six principal bodies, including the General Assembly, the Security Council, the International Court of Justice, and in relation to human rights, an Economic and Social Council (ECOSOC). The UN Charter empowered ECOSOC to establish “commissions in economic and social fields and for the promotion of human rights….” One of these was the United Nations Human Rights Commission, which, under the chairmanship of Eleanor Roosevelt, saw to the creation of the Universal Declaration of Human Rights. The Declaration was drafted by representatives of all regions of the world and encompassed all legal traditions. Formally adopted by the United Nations on December 10, 1948, it is the most universal human rights document in existence, delineating the thirty fundamental rights that form the basis for a democratic society.Today, the Declaration is a living document that has been accepted as a contract between a government and its people throughout the world. According to the Guinness Book of World Records, it is the most translated document in the world.  CHAPTER 5: INTERNATONAL STAND ON HUMAN RIGHTS In the aftermath of the atrocities of World War II, there was increased concern for the social and legal protection of human rights as fundamental freedoms. The foundation of the United Nations and the provisions of the United Nations Charter provided a basis for a comprehensive system of international law and practice for the protection of human rights. Since then, international human rights law has been characterized by a linked system of conventions, treaties, organizations, and political bodies, rather than any single entity or set of laws.However, analyst Pierre Leval suggested that ‘respect for fundamental human rights in the world today is "dismal" within some nations’. Despotic regimes murder, mutilate, and rape civilian populations and arbitrarily imprison and torture political opponents. Human traffickers, almost invariably operating with the protection of corrupt local officials and police, enslave children and young women in the sex trade. So long as the regimes that sponsor and protect these criminals remain in power, their crimes go unrecognized. United Nations Charter The provision of the United Nations Charter provides a basis for the development of international human rights protection.The preamble of the charter provides that the members "reaffirm faith in fundamental human rights, in the equal rights of men and women" and Article 1(3) of the United Nations charter states that one of the purposes of the UN is: "to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion".Article 55 provides that: “The United Nations shall promote: a) higher standards of living, full employment, and conditions of economic and social progress and development; b) solutions of international economic, social, health, and related problems; c) international cultural and educational cooperation; d) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.” Of particular importance is Article 56 of the charter: "All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55." This is a binding treaty provision applicable to both the Organisation and its members and has been taken to constitute a legal obligation for the members of the United Nations. Overall, the references to human rights in the Charter are general and vague. The Charter does not contain specific legal rights, nor does it mandate any enforcement procedures to protect these rights. Despite this, the significance of the espousal of human rights within the UN charter must not be understated. The importance of human rights on the global stage can be traced to the importance of human rights within the United Nations framework and the UN Charter can be seen as the starting point for the development of a broad array of declarations, treaties, implementation and enforcement mechanisms, UN organs, committees and reports on the protection of human rights. The rights espoused in the UN charter would be codified and defined in an non-binding context within the International Bill of Human Rights, composing the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and theInternational Covenant on Economic, Social and Cultural Rights. Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948, partly in response to the atrocities of World War II. It is generally viewed as the preeminent statement of international rights and has been identified as being a culmination of centuries of thinking along both secular and religious lines. Although the UDHR is a non-binding resolution, it is now considered by some to have acquired the force of international customary law which may be invoked in appropriate circumstances by national and other tribunals. The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights as part of the "foundation offreedom, justice and peace in the world." The declaration was the first international legal effort to limit the behaviour of states and press upon them duties to their citizens. ...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. — Preamble to the Universal Declaration of Human Rights, 1948 The UDHR was framed by members of the Human Rights Commission, with former First Lady Eleanor Roosevelt as Chair, who began to discuss anInternational Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority.Canadian law professor John Humphrey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. According to Cassin, the final three articles place rights in the context of limits, duties and the social and political order in which they are to be realized.[41] Humphrey and Cassin intended the rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble: “Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”— Preamble to the Universal Declaration of Human Rights, 1948 Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi. The inclusion of civil, political, economic, social and cultural rights was predicated on the assumption that all human rights are indivisible and that the different types of rights listed are inextricably linked. This principle was not then opposed by any member states (the declaration was adopted unanimously) however, this principle was later subject to significant challenges. The Universal Declaration was bifurcated into treaties, a Covenant on Civil and Political Rights and another on social, economic, and cultural rights, due to questions about the relevance and propriety of economic and social provisions in covenants on human rights. Both covenants begin with the right of people to self-determination and to sovereignty over their natural resources. This debate over whether human rights are more fundamental than economic rights has continued to the present day. The United States declared after the World Food Summit that a right to be free from hunger does not give rise to any international obligations which has been interpreted as a negative duty. The drafters of the Covenants initially intended only one instrument. The original drafts included only political and civil rights, but economic and social rights were also proposed. The disagreement over which rights were basic human rights resulted in there being two covenants. The debate was whether economic and social rights are aspirational, as contrasted with basic human rights which all people possess purely by being human, because economic and social rights depend on wealth and the availability of resources. In addition, which social and economic rights should be recognized depends on ideology or economic theories, in contrast to basic human rights, which are defined purely by the nature (mental and physical abilities) of human beings. It was debated whether economic rights were appropriate subjects for binding obligations and whether the lack of consensus over such rights would dilute the strength of political-civil rights. There was wide agreement and clear recognition that the means required to enforce or induce compliance with socio-economic undertakings were different from the means required for civil-political rights. This debate and the desire for the greatest number of signatories to human-rights law led to the two covenants. The Soviet bloc and a number of developing countries had argued for the inclusion of all rights in a so-called Unity Resolution. Both covenants allowed states to derogate some rights. Those in favor of a single treaty could not gain sufficient consensus. International treaties In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights(ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states that have signed this treaty, creating human-rights law. Since then numerous other treaties (pieces of legislation) have been offered at the international level. They are generally known as human rights instruments. Some of the most significant, referred to (with ICCPR and ICESCR) as "the seven core treaties", are: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (adopted 1979, entry into force: 1981) Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted 1966, entry into force: 1969) Convention on the Rights of Persons with Disabilities (CRPD) (adopted 2006, entry into force: 2008) Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989) United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1987) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW or more often MWC) (adopted 1990, entry into force: 2003) Customary international law In addition to protection by international treaties, customary international law may protect some human rights, such as the prohibition of torture, genocide and slavery and the principle of non-discrimination. International humanitarian law The Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant, the founder of the International Committee of the Red Cross. The conventions safeguard the human rights of individuals involved in armed conflict, and build on the Hague Conventions of 1899 and 1907, the international community's first attempt to formalize the laws of war and war crimes in the nascent body of secular international law. The conventions were revised as a result of World War II and readopted by the international community in 1949. United Nations system Under the mandate of the UN charter, and the multilateral UN human rights treaties, the United Nations (UN) as an intergovernmental body seeks to apply international jurisdiction for universal human-rights legislation.[51] Within the UN machinery, human-rights issues are primarily the concern of theUnited Nations Security Council and the United Nations Human Rights Council, and there are numerous committees within the UN with responsibilities for safeguarding different human-rights treaties. The most senior body of the UN in the sphere of human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to: “achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, gender, language, or religion”— Article 1–3 of the United Nations Charter Political bodies Security Council: The United Nations Security Council has the primary responsibility for maintaining international peace and security and is the only body of the UN that can authorize the use of force. It has been criticized for failing to take action to prevent human rights abuses, including the Darfur crisis, the Srebrenica massacre and the Rwandan Genocide. For example, critics blamed the presence of non-democracies on the Security Council for its failure regarding. On April 28, 2006 the Security Council adopted resolution 1674 that reaffirmed the responsibility to protect populations from genocide, war crimes,ethnic cleansing and crimes against humanity" and committed the Security Council to action to protect civilians in armed conflict. General Assembly: The United Nations General Assembly, under Article 13 of the UN Charter, has the power to initiate studies and make recommendations on human rights issues. Under this provision, the general assembly passed the Universal Declaration of Human Rights in 1948, and since then a wide variety of other human rights instruments. The assembly has several subsidiary organs that deal with specific human rights issues, such as the Special Committee on Decolonization and the Special Commission against Apartheid (no longer operational). In addition the general assembly has set up a number of subsidiary organs that consider human rights issues in a number of high-profile contexts: such as the UN Council on Namibia, the Special Committee to Investigate Israeli Practices in the Occupied territories and the Committee on the Exercise of the Inalienable rights of the Palestine People. Human Rights Council: The United Nations Human Rights Council, created at the 2005 World Summit to replace the United Nations Commission on Human Rights, has a mandate to investigate violations of human rights. The Human Rights Council is a subsidiary body of the General Assembly and reports directly to it. It ranks below the Security Council, which is the final authority for the interpretation of the United Nations Charter. Forty-seven of the one hundred ninety-one member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The Council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations. The Human Rights Council may request that the Security Council take action when human rights violations occur. This action may be direct actions, may involve sanctions, and the Security Council may also refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. Treaty bodies In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from the core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to the state parties of those treaties - rather than subsidiary to the United Nations. Though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights(UNHCHR) and the UN Center for Human Rights. The Human Rights Committee promotes participation with the standards of the ICCPR. The eighteen members of the committee express opinions on member countries and make judgments on individual complaints against countries which have ratified an Optional Protocol to the treaty. The judgments, termed "views", are not legally binding. The Committee on Economic, Social and Cultural Rights monitors the ICESCR and makes general comments on ratifying countries performance. It will have the power to receive complaints against the countries that opted into the Optional Protocol once it has come into force. It is important to note that unlike the other treaty bodies, the economic committee is not an autonomous body responsible to the treaty parties, but directly responsible to the Economic and Social Council and ultimately to the General Assembly. This means that the Economic Committee faces particular difficulties at its disposal only relatively "weak" means of implementation in comparison to other treaty bodies.Particular difficulties noted by commentators include: perceived vagueness of the principles of the treaty, relative lack of legal texts and decisions, ambivalence of many states in addressing economic, social and cultural rights, comparatively few non-governmental organizations focused on the area and problems with obtaining relevant and precise information. The Committee on the Elimination of Racial Discrimination monitors the CERD and conducts regular reviews of countries' performance. It can make judgments on complaints against member states allowing it, but these are not legally binding. It issues warnings to attempt to prevent serious contraventions of the convention. The Committee on the Elimination of Discrimination against Women monitors the CEDAW. It receives states' reports on their performance and comments on them, and can make judgments on complaints against countries which have opted into the 1999 Optional Protocol. The Committee against Torture monitors the CAT and receives states' reports on their performance every four years and comments on them. Its subcommittee may visit and inspect countries which have opted into the Optional Protocol. The Committee on the Rights of the Child monitors the CRC and makes comments on reports submitted by states every five years. It does not have the power to receive complaints. The Committee on Migrant Workers was established in 2004 and monitors the ICRMW and makes comments on reports submitted by states every five years. It will have the power to receive complaints of specific violations only once ten member states allow it. The Committee on the Rights of Persons with Disabilities was established in 2008 to monitor the Convention on the Rights of Persons with Disabilities. It has the power to receive complaints against the countries which have opted into the Optional Protocol to the Convention on the Rights of Persons with Disabilities. Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. Regional human rights regimes International human rights regimes are in several cases "nested" within more comprehensive and overlapping regional agreements. These regional regimes can be seen as relatively independently coherent human rights sub-regimes.Three principal regional human rights instruments can be identified; the African Charter on Human and Peoples' Rights, the American Convention on Human Rights (the Americas) and the European Convention on Human Rights. The European Convention on Human Rights has since 1950 defined and guaranteed human rights and fundamental freedoms in Europe.All 47 member states of the Council of Europe have signed the Convention and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. International non-governmental human rights organizations International non-governmental human rights organizations such as Amnesty International, Human Rights Watch, International Service for Human Rights and FIDH monitor what they see as human rights issues around the world and promote their views on the subject. Human rights organizations have been said to ""translate complex international issues into activities to be undertaken by concerned citizens in their own community".Human rights organizations frequently engage in lobbying and advocacy in an effort to convince the United Nations, supranational bodies and national governments to adopt their policies on human rights. Many human-rights organizations have observer status at the various UN bodies tasked with protecting human rights. A new (in 2009) non-governmental human-rights conference is the Oslo Freedom Forum, a gathering described by The Economist as "on its way to becoming a human-rights equivalent of the Davos economic forum." The same article noted that human-rights advocates are more and more divided amongst themselves over how violations of human rights are to be defined, notably as regards the Middle East.  CHAPTER 6: HUMAN RIGHTS IN INDIA According to the report of Human Rights Watch on human rights in India during 2013, released in 2014,it was stated that, "India took positive steps in strengthening laws protecting women and children, and, in several important cases, prosecuting state security forces for extrajudicial killings." The report also condemned the persistent impunity for abuse linked to insurgency in Maoist areas, Jammu and Kashmir, Manipur and Assam. The report also went on to state, "The fact that the government responded to public outrage confirms India’s claims of a vibrant civil society. An independent judiciary and free media also acted as checks on abusive practices. However, reluctance to hold public officials to account for abuses or dereliction of duty continued to foster a culture of corruption and impunity". On a global level, India opts for a policy of "non-interference in internal affairs of other countries". However India is engaged in promoting stability and human rights in Afghanistan, pledging nearly US$2 billion for the country’s rehabilitation and reconstruction efforts, supporting education of girls, providing some police training, and granting asylum to a number of activists fleeing Taliban threats. Chronology of events regarding human rights in India 1829 The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements such as the Brahmo Samaj of Ram Mohan Roy against this orthodox Hindu funeral custom of self-immolation of widows after the death of their husbands. 1929 Child Marriage Restraint Act, prohibiting marriage of minors under 14 years of age is passed. 1950 The Constitution of India establishes a sovereign democratic republic with universal adult franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights enforceable by the Supreme Court and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation. 1952 Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as "denotified" and Habitual Offenders Act(1952) enacted. 1955 Reform of family law concerning Hindus gives more rights to Hindu women. 1973 Supreme Court of India rules in Kesavananda Bharati case that the basic structure of the Constitution (including many fundamental rights) is unalterable by a constitutional amendment. 1975-77 State of Emergency in Indiaextensive rights violations take place. 1978 SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of the Constitution cannot be suspended even in an emergency. 1978 Jammu and Kashmir Public Safety Act, 1978 1984 Operation Blue Star and the subsequent 1984 Anti-Sikh riots 1984 2006 Extrajudicial disappearances in Punjab by the police 1985-86 The Shah Bano case, where the Supreme Court recognised the Muslim woman's right to maintenance upon divorce, sparks protests from Muslim clergy. To nullify the decision of the Supreme Court, the Rajiv Gandhi government enacted The Muslim Women (Protection of Rights on Divorce) Act 1986 1987 Hashimpura massacre during communal riots in Meerut. 1989 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed. 1989–present Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits, desecrating Hindu temples, killing of Hindus and Sikhs, and abductions of foreign tourists and government functionaries. 1992 A constitutional amendment establishes Local Self-Government (Panchayati Raj) as a third tier of governance at the village level, with one-third of the seats reserved for women. Reservations were provided for scheduled castes and tribes as well. 1992 Babri Masjid demolished by Hindu mobs, resulting in riots across the country. 1993 National Human Rights Commission is established under the Protection of Human Rights Act. 2001 Supreme Court passes extensive orders to implement the right to food. 2002 2002 Gujarat riots which claimed several thousand lives of Indian Muslims. 2005 A powerful Right to Information Act is passed to give citizen's access to information held by public authorities. 2005 National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment. 2005 Disappearance of Jaswant Singh Khalra by the Punjab Police (Khalra brought to light the extrajudicial disappearances in Punjab) 2006 Supreme Court orders police reforms in response to the poor human rights record of Indian police. 2009 Delhi High Court declares that Section 377 of the Indian Penal Code, which outlaws a range of unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts between private consenting individuals, effectively decriminalising homosexual relationships in India.  CONCLUSION ‘Human Rights’is an intensive concept, surrounded by innumerable number of interpretations. The basic meaning so far we have understood is that they are such rights which are embedded to a person by the virtue that he is a human; they are unique in their nature. They are inalienable, interdependent and indivisible, equal and non-discriminatory in nature. The foundation of such rights can be traced to the existence of the humans, recognition to such was given by Romans and a globalized view is granted by United Nations. The urge of such rights started from the aftermath of the atrocities of World War II, there was an increased concern for the social and legal protection of human rights as fundamental freedoms. The foundation of the United Nations and the provisions of the United Nations Charter provided a basis for a comprehensive system of international law and practice for the protection of human rights. Since then, international human rights law has been characterized by a linked system of conventions, treaties, organizations, and political bodies, rather than any single entity or set of laws. So long as the regimes that sponsor and protect the criminals remain in power, their crimes go unrecognized; the need for the recognition of such will always be there. Until the despotic regimes murder, mutilate, and rape civilian populations and arbitrarily imprison and torture political opponents. Human traffickers, almost invariably operating with the protection of corrupt local officials and police, enslave children and young women in the sex trade, the concept of recognition of such will be a failure. Indian governmental machinery has been quiet active and from time to time has been following the international standards set in for the non-violation of human rights. As already mentioned, though India opts for a policy of, "non-interference in internal affairs of other countries”, it is engaged in promoting stability and human rights in Afghanistan, pledging nearly US$2 billion for the country’s rehabilitation and reconstruction efforts, supporting education of girls, providing some police training, and granting asylum to a number of activists fleeing Taliban threats. It can be stated that none should be deprived of something which is given to him by the almighty lord; human rights are a gift to the mankind and thus, should be duly respected and protected. BIBLIOGRAPHY The United Nations, Office of the High Commissioner of Human Rights, What are human rights?, Retrieved Aug. 14, 2014 Macmillan Dictionary, human rights - definition  Hannum, Hurst (2006). "The concept of human rights".International Human Rights: Problems of Law, Policy, And Practice. Aspen Publishers. pp. 31–33.  The History of Human Rights: From Ancient Times to the Globalization Era, Micheline R. Ishay, copyright 2004 and 2008, University of California Press, Early Ethical Contributions Henkin, Louis. The International Bill of Rights: The Universal Declaration and the Covenants, in International Enforcement of Human Rights 6–9, Bernhardt and Jolowicz, eds, (1987). "Universal Declaration of Human Rights". UN General Assembly. December 10, 1948. 217 A (III) Glendon, Mary Ann (April 2004). "The Rule of Law in The Universal Declaration of Human Rights". Northwestern University Journal of International Human Rights 2: 5. Amnesty International Report 2005 Report 2006 at the Wayback Machine (archived March 17, 2007) "United Nations Treaty Collection". United Nations. Retrieved October 7, 2010. U.N. Centre for Human Rights, Human Rights: A Compilation of International Instruments, U.N. Doc. ST/HR/1/Rev.5, U.N. Sales No. E.94.XIV.1 (1994). U.N. Centre for Human Rights, Human Rights: A Compilation of International Instruments 685-943, U.N. Doc. ST/HR/1/Rev.5, U.N. Sales No. E.94.XIV.1 (1994). Human Rights Research GuideWritten by Aslihan Bulut, updated by Alice Izumo Last Updated December 23, 2014. 26 | Page