INTERNATIONAL HUMAN RIGHTS

By:
REHAN RAUF ADVOCATE
M.A. (Political Science)
M.A (History)
P.G.D.E.L., LL.B (Punjab University)
E-mail: DJREHAN103FM@YAHOO.COM
1. PRELIMINARY NOTE
Human rights are sometimes called fundamental rights or basic or natural Rights. Fundamental or
basic rights are those, which must not be taken away by any legislature, or any act of government and
which are often set out in Constitution. Human rights refer to the "basic rights and freedoms to which all
humans are entitled." Examples of rights and freedoms which are often thought of as human rights
include civil and political rights, such as the right to life and liberty, freedom of expression, and equality
before the law; and social, cultural and economic rights, including the right to participate in culture, the
right to food, the right to work, and the right to education.
The Magna Charta or "Great Charter" was one of England's first documents containing
commitments by a sovereign to his people to respect certain legal rights. 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”
2. VIEWS OF PHILOSOPHERS ABOUT HUMAN RIGHTS
 J, E.S Fawcett, The law of nations (London, 1968) P, 151
“Human Rights are common rights, for they are rights which men or women in the world should
share”
 Lauterpacht. International law and human rights, P. 152
“Human Rights are not created by any legislation, they assume the position of natural rights”
 MC Dougal. Human rights in the United Nations, Vol.56 (1964), P.604
“International concern with human rights is not a modern innovation. It is in fact, heir to all great
historic movements for man’s freedom”.
3. HISTORY OF HUMAN RIGHTS
This history of human rights covers thousands of years and draws upon religious, cultural,
philosophical and legal developments throughout recorded history. Several ancient documents and
later religions and philosophies included a variety of concepts that may be considered to be human
rights. Notable among such documents are the Cyrus cylinder of 539 BC, a declaration of intentions
by the Persian emperor Cyrus the Great after his conquest of the Neo-Babylonian Empire; the Edicts
of Ashoka issued by Ashoka the Great of India between 272-231 BC; and
 The Constitution of Medina of 622 AD, drafted by Muhammad to mark a formal agreement
between all of the significant tribes and families of Yathrib(later known as Medina), including
Muslims, Jews and Pagans.
 The English Magna Charta of 1215 is particularly significant in the history of English law, and
is hence significant in international law and constitutional law today.
 Declaration of the Rights of Man and of the Citizen approved by the National Assembly of
France, August 26, 1789
Much of modern human rights law and the basis of most modern interpretations of human rights
can be traced back to relatively recent history. The British Bill of Rights (or “An Act Declaring the Rights
and Liberties of the Subject and Settling the Succession of the Crown”) of 1689 made illegal a range of
oppressive governmental actions in the United Kingdom. Two major revolutions occurred during the 18th
century, in the United States (1776) and in France (1789), leading to the adoption of the United States
Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen
respectively, both of which established certain rights. Additionally, the Virginia Declaration of Rights of
1776 set up a number of fundamental rights and freedoms.
4. U.N CHARTER AND HUMAN RIGHTS:
The charter of united nation represents a significant advancement so far as faith in and respect, for
human rights is concerned.
Views of philosophers
 Philip E.Jacob. “The united nations and struggle for HR” (January 1951), P.220
“All the organs of UN touch in greater or less degree upon the subject of Human Rights
 Humphrey. “The international Protection of Human Rights (London 1967)
“The provisions concerning human rights run through out the UN. Charter like a golden thread”
5. PROVISIONS OF THE UN CHARTER CONCERNING HUMAN RIGHTS
There are following references in the preamble of UN charter;
Art 13 Purposes of UN
Art 13 (2) responsibilities of general assembly
Art 55 (c) functions of ECOSOC
Art 62 (2) responsibility of ECOSOC’s Commission
Art 68 objectives of the trusteeship system
Views of philosophers
 Ian brow lie, Principles of public international law (second edition, 1973). P 552
“The provisions of UN. Charter concerning human rights provides a foundation for
protection of human rights.”
 Oppenheim, International law. Vol eighth edition (1970), edited by lauterpatch, P.783
“The provisions of UN Charter indicates the wide possibilities of the international
recognition of human rights.”
6. HUMAN RIGHT COMMISSION
The commission on human rights established by the Economic and Social Council in February
1946
Purpose of HRC
 Ian brow lie, Principles of public international law (second edition, 1973). P 554
“The purpose of Human Right Commission is protection of human rights”

7. CATEGORIES OF HUMAN RIGHTS

There are following categories of rights;
 Civil and Political Rights
 Economic, Social and Cultural Rights
  Environmental Rights
 Reproductive Rights
8. UNIVERSAL DECLARATION OF HUMAN RIGHTS
The Universal Declaration of Human Rights was adopted by General Assembly on 1948. This
Declaration consists of a preamble and 30 articles."It is not a treaty. In the future, it may well become the
international Magna Charta."
The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the
United Nations General Assembly in 1948, partly in response to the atrocities of World War II. Although
the UDHR is a non-binding resolution, it is now considered to be a central component of international
customary law which may be invoked under appropriate circumstances by national and other judiciaries.
The UDHR urges member nations to promote a number of human, civil, economic and social rights,
asserting these rights are part of the "foundation of freedom, justice and peace in the world." The
declaration was the first international legal effort to limit the behavior of states and press upon them
duties to their citizens following the model of the rights-duty duality.
9. HUMAN RIGHTS
Following are a few International Human Rights mentioned in Universal Declaration of Human
rights with relevant Provisions/Articles.
1. Right to life and liberty Art 3
2. Prohibition of slavery Art 4
3. Prohibition of torture Art 5
4. Equality of all Art 6-11
5. Freedom of movement Art 13
6. Rights to seek asylum Art 14
7. Right to nationality Art 15
8. Right to own property Art 17
9. Freedom of religion Art 18
10. Freedom of opinion Art 19
11. Freedom of Association Art 20
12. Right to social security Art 22
13. Right to employment Art 23
14. Right to education Art 26
10. CONVENTION OF WORLD-WIDE CHARTER
Followings are a few conventions relating to protection of international human rights.
 Employment policy convention 1964
 Convention on forced labor 1957
 Collective bargaining convention 1949
 Convention relating to status of refugee 1951
 Equal remuneration convention 1951
 Convention on political rights of women 1952
 Convention relating to stateless person 1954
 Others.
11. REGIONAL CONVENTION
At regional level there exists a European Convention on protection of human rights.
12. AMERICAN CONVENTION ON HUMAN RIGHTS 1969
This convention was signed at the inter-American specialized conference on human rights at San
Joe, Costa Rica, on 22nd November, 1969. This convention is also relating to the protection of human
right.
13. GENEVA CONVENTIONS
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 1899 and 1907 Hague
Conventions, 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.
The Geneva Conventions are:
 First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick
in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
 Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the
1907 Hague Convention X)
 Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in
1929, last revision in 1949)
 Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War"
(first adopted in 1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols to the Geneva Convention:
 Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International Armed Conflicts. As of 12 January
2007, 167 countries had ratified it.
 Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12
January 2007, 163 countries had ratified it.
 Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949,
and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had
been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly
on some of the 1907 Hague Conventions. Later conferences have added provisions prohibiting certain
methods of warfare and addressing issues of civil wars. Nearly all-200 countries of the world are
"signatory" nations, in that they have ratified these conventions. The International Committee of the Red
Cross is the controlling body of the Geneva conventions.
14. INTERNATIONAL HUMAN RIGHTS LAW
Human rights law is a system of laws, both domestic and international, designed to promote
human rights. Human rights law includes a number of treaties, which are intended to punish some
violations of human rights such as war crimes, crimes against humanity and genocide. There are also a
number of international courts, which have been constituted to judge violations of human rights including
the European Court of Human Rights and the International Criminal Court.
 An important concept within human rights law is that of universal jurisdiction. This concept,
which is not widely accepted, is that any nation is authorized to prosecute and punish violations of human
rights wherever and whenever they may have occurred.
15. HUMAN RIGHTS 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.
However they only came into force in 1976 when they were ratified by a sufficient number of countries
(despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the
ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social,
and cultural rights (ESCR) to individuals.
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 are:
1. Convention on the Prevention and Punishment of the Crime of Genocide (adopted 1948,
entry into force: 1951)
2. Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted
1966, entry into force: 1969)
3. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
(entry into force: 1981)
4. United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1984)
5. Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989)
6. International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (ICRMW) (adopted 1990)
7. Rome Statute of the International Criminal Court (ICC) (entry into force: 2002)
16. ENFORCEMENT OF HUMAN RIGHTS LAW
By international law, the United Nations Security Council is the only group authorized to enforce
human rights laws. Historically, it has often been the case that a government will make claims of human
rights violations in another country as a reason to go to war against that country.
17. THE UNITED NATIONS
The United Nations (UN) is the only multilateral governmental agency with universally accepted
international jurisdiction for universal human rights legislation. All UN organs have advisory roles to the
United 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 with regard to 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,
sex, language, or religion.
18. 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.
Independent experts are retained by the Council to investigate alleged human rights abuses and to
provide the Council with reports. 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.
19. 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 (including in the
context of peace-keeping operations), or override member nations sovereignty by issuing binding Security
Council resolutions. Created by the UN Charter, it is classed as a Charter Body of the United Nations.
The UN Charter gives the Security Council the power to:
 Investigate any situation threatening international peace;
 Recommend procedures for peaceful resolution of a dispute;
 Call upon other member nations to completely or partially interrupt economic relations as
well as sea, air, postal, and radio communications, or to sever diplomatic relations; and
 Enforce its decisions militarily, if necessary.
The Security Council hears reports from all organs of the United Nations, and can take action
over any issue, which it feels threatens peace and security, including human rights issues. It has at times
been criticized for failing to take action to prevent human rights abuses, including the Darfur crisis, the
Srebrenica massacre and the Rwandan Genocide.
The Rome Statute of the International Criminal Court recognizes the Security Council the power
to refer cases to the Court, where the Court could not otherwise exercise jurisdiction.
20. OTHER UN TREATY BODIES
A modern interpretation of the original Declaration of Human Rights was made in the Vienna
Declaration and Programme of Action adopted by the World Conference on Human Rights in 1993. The
degree of unanimity over these conventions, in terms of how many and which countries have ratified
them varies, as does the degree to which they are respected by various states. The UN has set up a number
of treaty-based bodies to monitor and study human rights, under the leadership of the UN High
Commissioner for Human Rights (UNHCHR). The bodies are committees of independent experts that
monitor implementation of the core international human rights treaties. The treaty that they monitor
creates them.
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 the treaty. The judgments are not legally
binding.
The Committee on Economic, Cultural and Social Rights monitors the ICESCR and makes
general comments on ratifying countries performance. It does not have the power to receive complaints.
The Committee on the Elimination of Racial Discrimination monitors the CERD and conducts
regular reviews of countries' performance. It can make judgments on complaints, 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. It may visit and inspect individual countries with
their consent.
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.
Each treaty body receives secretariat support from the Treaties and Commission Branch of Office
of the High Commissioner on Human Rights (OHCHR) inGeneva except CEDAW, which is supported by
the Division for the Advancement of Women (DAW). CEDAW meets at United Nations headquarters
in New York; the other treaty bodies generally meet at the United Nations Office in Geneva. The Human
Rights Committee usually holds its March session in New York City.
21. INTERNATIONAL COMMITTEE OF THE RED CROSS
Under the 1949 Geneva Conventions the International Committee of the Red Cross (ICRC) has
legal status as a non-governmental sovereign entity. It has a mandate to be the controlling authority of
International Humanitarian Law. The International Committee of the Red Cross (ICRC) is an impartial,
neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and
dignity of victims of war and internal violence and to provide them with assistance.”
MISSION OF ICRC
The ICRC directs and coordinates international relief and works to promote and strengthen
humanitarian law and universal humanitarian principles. The core tasks of the Committee, which are
derived from the Geneva Conventions and its own statutes, are the following:
 To monitor compliance of warring parties with the Geneva Conventions
 To organize nursing and care for those who are wounded on the battlefield
 To supervise the treatment of prisoners of war and make confidential interventions with
detaining authorities
 To help with the search for missing persons in an armed conflict (tracing service)
 To organize protection and care for civil populations
 To act as a neutral intermediary between warring parties
The ICRC drew up seven fundamental principles in 1965 that were adopted by the entire Red
Cross Movement. They are humanity, impartiality, neutrality, independence, volunteerism, unity, and
universality.
Although the ICRC has no powers to enforce the rights enshrined in the Geneva Conventions, its
statements carry significant force, and few countries or warring parties deny the ICRC access to the
individuals it exists to protect. Doing so has a significant effect on public opinion and international
standing and can be taken as an implicit admission of wrongdoing. The initial refusal of the United
States to admit the ICRC to its detention facility at Guantanamo Bay drew considerable international
condemnation.
22. REGIONAL HUMAN RIGHT
There are many regional agreements and organizations promoting and governing human rights.
23. AFRICA
The African Union (AU) is a supranational union consisting of fifty-three African states.
Established in 2001, the AU purpose is to help secure Africa's democracy, human rights, and a sustainable
economy, especially by bringing an end to intra-African conflict and creating an effective common
market.
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of
the African Union tasked with promoting and protecting human rights and collective (peoples') rights
throughout the African continent as well as interpreting the African Charter on Human and Peoples'
Rights and considering individual complaints of violations of the Charter. The Commission has three
broad areas of responsibility:
 Promoting human and peoples' rights
 Protecting human and peoples' rights
 Interpreting the African Charter on Human and Peoples' Rights
In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies
and researches on African problems in the field of human and peoples, rights, organize seminars,
symposia and conferences, disseminate information, encourage national and local institutions concerned
with human and peoples' rights and, should the case arise, give its views or make recommendations to
governments" (Charter, Art. 45).
With the creation of the African Court on Human and Peoples' Rights (under a protocol to the
Charter which was adopted in 1998 and entered into force in January 2004), the Commission will have
the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision,
the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with
the African Court of Justice.
The Court of Justice of the African Union is intended to be the “principal judicial organ of
the Union” (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet
been established, it is intended to take over the duties of the African Commission on Human and Peoples'
Rights, as well as act as the Supreme Court of the African Union, interpreting all necessary laws and
treaties. The Protocol establishing the African Court on Human and Peoples' Rights entered into force in
January 2004 but it’s merging with the Court of Justice has delayed its establishment. The Protocol
establishing the Court of Justice will come into force when ratified by 15 countries.
24. AMERICA
The Organization of American States (OAS) is an international organization, headquartered
in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas.
Over the course of the 1990s, with the end of the Cold War, the return to democracy in Latin America,
and the thrust toward globalization, the OAS made major efforts to reinvent itself to fit the new context.
Its stated priorities now include the following:
 Strengthening democracy
 Working for peace
 Protecting human rights
 Combating corruption
  The rights of Indigenous Peoples
 Promoting sustainable development
The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the
Organization of American States, also based in Washington,D.C. Along with the Inter-American Court of
Human Rights, based in San José, Costa Rica; it is one of the bodies that comprise the inter-American
system for the promotion and protection of human rights. The IACHR is a permanent body which meets
in regular and special sessions several times a year to examine allegations of human rights violations in
the hemisphere. Its human rights duties stem from three documents:
 The OAS Charter
 The American Declaration of the Rights and Duties of Man
 The American Convention on Human Rights
The Inter-American Court of Human Rights was established in 1979 with the purpose of
enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main
functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of
human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation
brought to its attention by other OAS bodies or member states.
Many countries in the Americas, such as the United States, Colombia, Cuba, and Venezuela, have
been accused of human rights violations.
25. ASIA
There are no Asia-wide organizations or conventions to promote or protect human rights.
Countries vary widely in their approach to human rights and their record of human rights protection.
The Association of Southeast Asian Nations (ASEAN) is a geo-political and economic
organization of 10 countries located in Southeast Asia, which was formed in 1967
by Indonesia, Malaysia, the Philippines, Singapore and Thailand. The organization now also
includes Brunei, Vietnam, Laos, Myanmar andCambodia. Its aims include the acceleration of economic
growth, social progress, cultural development among its members, and the promotion of regional peace.
The South Asian Association for Regional Cooperation (SAARC) is an economic and political
organization of eight countries in Southern Asia, representing almost 1.5 billion people. It was established
in 1985 by India, Pakistan, Bangladesh, Sri Lanka, Nepal, Maldives and Bhutan. In April 2007, at the
Association's 14th summit, Afghanistan became its eighth member.
The Cooperation Council for the Arab States of the Gulf (CCASG) is a trade bloc involving the
six Arab states of the Persian Gulf, with many economic and social objectives. Created in 1981, the
Council comprises the Persian Gulf states of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United
Arab Emirates.
The Asia Cooperation Dialogue (ACD) is a body created in 2002 to promote Asian cooperation at
a continental level, helping to integrate the previously separate regional organizations of political or
economical cooperation. The main objectives of the ACD are as follows:
 To promote interdependence among Asian countries in all areas of cooperation by
identifying Asia's common strengths and opportunities which will help reduce poverty and
improve the quality of life for Asian people whilst developing a knowledge-based society
within Asia and enhancing community and people empowerment;
  To expand the trade and financial market within Asia and increase the bargaining power
of Asian countries in lieu of competition and, in turn, enhance Asia's economic
competitiveness in the global market;
 To serve as the missing link in Asian cooperation by building upon Asia's potentials and
strengths through supplementing and complementing existing cooperative frameworks so
as to become a viable partner for other regions;
 To ultimately transform the Asian continent into an Asian Community, capable of
interacting with the rest of the world on a more equal footing and contributing more
positively towards mutual peace and prosperity.
 None of the above organizations have a specific mandate to promote or protect human
rights, but each has some human rights related economic, social and cultural objectives.
 A number of Asian countries are accused of serious human rights abuses by the
international community and human rights organizations.
26. EUROPE
The Council of Europe, founded in 1949, is the oldest organization working for European
integration. It is an international organization with legal personality recognized under public international
law and has observer status with the United Nations. The seat of the Council of Europe is
in Strasbourg in France. The Council of Europe is responsible for both the European Convention on
Human Rights and the European Court of Human Rights. These institutions bind the Council's members
to a code of human rights which, though strict, are more lenient than those of the United Nations charter
on human rights. The Council also promotes the European Charter for Regional or Minority Languages
and the European Social Charter. Membership is open to all European states, which seek European
integration, accept the principle of the rule of law and are able and willing to guarantee democracy,
fundamental human rights and freedoms.
The Council of Europe is separate from the European Union, but the latter is expected to accede
to the European Convention and potentially the Council itself. The EU also has a separate human rights
document; the Charter of Fundamental Rights of the European Union.
The European Convention on Human Rights defines and guarantees since 1950 human rights and
fundamental freedoms in Europe. All 47 member states of the Council of Europe have signed this
Convention and are therefore under the jurisdiction of the European Court of Human Rights
in Strasbourg. In order to prevent torture and inhuman or degrading treatment (Article 3 of the
Convention), the Committee for the Prevention of Torture was established.
The European Court of Human Rights is the only international court with jurisdiction to deal with
cases brought by individuals (rather than states).
27. AUSTRALIA
There are no regional approaches or agreements on human rights for Oceania, but most countries
have a well-regarded human rights record.
Australia is the only western democracy with no constitutional or legislative bill of rights, but a
number of laws have been enacted to protect human rights and the Constitution of Australia has been
found to contain certain implied rights by the High Court. However, Australia has been criticized at
various times for its immigration policies, treatment of asylum seekers, treatment of its indigenous
population, and foreign policy.
28. PHILOSOPHIES OF HUMAN RIGHTS
 Animal rights
  Children's rights
 Civil rights
 Collective rights
 Equal rights
 Fathers' rights
 Gay rights
 Group rights
 Human rights
 Inalienable rights
 Individual rights
 Legal rights
 Men's rights
 Natural right
 Negative & positive
 Reproductive rights
 Self-defense
 Social rights
 "Three generations"
 Women's rights
 Workers' rights
 Youth rights
Several theoretical approaches have been advanced to explain how and why human rights become
part of social expectations.
One of the oldest Western philosophies on human rights is that they are a product of a natural
law, stemming from different philosophical or religious grounds.
Other theories hold that human rights codify moral behavior which is a human social product
developed by a process of biological and social evolution (associated with Hume). Human rights are also
described as a sociological pattern of rule setting (as in the sociological theory of law and the work of
Weber). These approaches include the notion that individuals in a society accept rules from legitimate
authority in exchange for security and economic advantage a social contract.
29. NATURAL RIGHTS
Natural law theories base human rights on a “natural” moral, religious or even biological order
that is independent of transitory human laws or traditions.
Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or
natural right (Latin jus naturale). Of these, Aristotle is often said to be the father of natural law, although
evidence for this is due largely to the interpretations of his work by Thomas Aquinas. The development of
this tradition of natural justice into one of natural law is usually attributed to the Stoics.
 Some of the early Church Fathers sought to incorporate the pagan concept of natural law into
Christianity. Natural law theories have featured greatly in the philosophies of Thomas Aquinas, Francisco
Suarez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke.
The term "human rights" has replaced the term "natural rights" in popularity, because the rights
are less and less frequently seen as requiring natural law for their existence.
30. STATE AND NON-STATE ACTORS
Companies, NGOs, political parties, informal groups, and individuals are known as non-State
actors. Non-State actors can also commit human rights abuses, but are not generally subject to human
rights law other than under International Humanitarian Law, which applies to individuals. Also, certain
national instruments such as the Human Rights Act 1998 (UK), impose human rights obligations on
certain entities which are not traditionally considered as part of government.
Multi-national companies play an increasingly large role in the world, and are responsible for a
large number of human rights abuses. Although the legal and moral environment surrounding the actions
of governments is reasonably well developed, that surrounding multi-national companies is both
controversial and ill-defined. Multi-national companies' primary responsibility is to their shareholders, not
to those affected by their actions. Such companies may be larger than the economies of some the states
within which they operate, and can wield significant economic and political power. No international
treaties exist to specifically cover the behavior of companies with regard to human rights, and national
legislation is very variable. Jean Ziegler, Special Reporter of the UN Commission on Human Rights on
the right to food stated in a report in 2003:“the growing power of transnational corporations and their
extension of power through privatization, deregulation and the rolling back of the State also mean that it
is now time to develop binding legal norms that hold corporations to human rights standards and
circumscribe potential abuses of their position of power.”
31. HUMAN RIGHTS VIOLATIONS
Human rights violations occur when any state or non-state actor breaches any part of the UDHR
treaty or other international human rights or humanitarian law. In regard to human rights violations of
United Nations laws. Article 39 of the United Nations Charter designates the UN Security Council (or an
appointed authority) as the only tribunal that may determine UN human rights violations.
Human rights abuses are monitored by United Nations committees, national institutions and
governments and by many independent non-governmental organizations, such as Amnesty International,
Human Rights Watch, World Organization Against Torture, Freedom House, International Freedom of
Expression Exchange and Anti-Slavery International. These organizations collect evidence and
documentation of alleged human rights abuses and apply pressure to enforce human rights laws.
Only a very few countries do not commit significant human rights violations, according to
Amnesty International. In their 2004 human rights report (covering 2003),
the Netherlands, Norway, Denmark, Iceland and Costa Rica are the only countries that did not (in their
opinion) violate at least some human rights significantly.
There are a wide variety of databases available, which attempt to measure, in a rigorous fashion,
exactly what violations governments commit against those within their territorial jurisdiction. An example
of this is the list created and maintained by Prof. Christian Davenport at the University of Maryland.
32. WATER
There is no current universal human right to water, binding or not, enshrined by the United
Nations or any other multilateral body. In November 2002, the United Nations Committee on Economic,
Social and Cultural Rights issued a non-binding comment affirming that access to water was a human
right: “the human right to water is indispensable for leading a life in human dignity. It is a prerequisite for
the realization of other human rights.”
 United Nations Committee on Economic, Social and Cultural Rights This principle was
reaffirmed at the 3rd and 4th World Water Councils in 2003 and 2006. This marks a departure from the
conclusions of the 2nd World Water Forum in The Hague in 2000, which stated that water was a
commodity to be bought and sold, not a right. There are calls from many NGOs and politicians to
enshrine access to water as a binding human right, and not as a commodity.
33. FETAL RIGHTS
Proposed rights of the fetus have been a controversial subject. Currently, human rights only apply
to individuals. Pro-life and pro-choice groups dispute the point at which a fetus is considered to be an
individual in particular. Those who are pro-life believe that an individual's life begins at the moment of
conception, or at the time of implantation, and therefore believe that the fetus has equal rights to any other
person. Others, including many pro-choice groups, argue that until the point at which the fetus is viable
(or could survive alone), typically marked somewhere within the third trimester, the rights of the fetus are
secondary to and dependent upon those of the mother.
34. ENVIRONMENTAL RIGHTS
The onset of global warming and a heightened knowledge of environmentalism has created
potential conflicts between different human rights. Human rights ultimately require a working ecosystem
and healthy environment, but the granting of certain rights to individuals may damage these. In the area of
environmental rights, the responsibilities of multi-national corporations, so far relatively undressed by
human rights legislation, is of paramount consideration.
35. FUTURE RIGHTS
Future technological advances, such as the possibility of mass space travel, the advances in the
internet and the possibility of access to huge amounts of information, and others, all raise the possibility
of new rights.
In Britain of late, reformers have demanded a new Supreme Court-enforceable Bill of Rights to
protect a much wider range of economic, political, judicial, communication, and personal rights and
freedoms than are currently protected under basic law.
36. EPITOME
Human rights are seen as belonging to men and women by their very nature. Another way to
describe human rights would be to call them common rights, for they are rights which all men or women
in the world should share. The element of human rights is also found in the United States Declaration
of Independence, 1776 which says “We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness”
37. REFERENCES
 Amnesty International (2004). Amnesty International Report. Amnesty International
Publications. ISBN 0862103541 ISBN 1-887204-40-7
 Alexander, Fran (ed) (1998). Encyclopedia of World History. Oxford University Press.
ISBN 0198602235
 Alston, Philip (2005). "Ships passing in the Night: The Current State of the Human Rights
and Development Debate seen through the Lens of the Millennium Development Goals".
Human Rights Quarterly. Vol. 27 (No. 3) p.807
 Arnhart, Larry (1998). Darwinian Natural Right: The Biological Ethics of Human Nature
SUNY Press. ISBN 0791436934
 Ball, Olivia; Gready, Paul (2007). The No-Nonsense Guide to Human Rights. New
Internationalist. ISBN 1-904456-45-6
 Barzilai, Gad. (2003). Communities and Law: Politics and Cultures of Legal
Identities. Ann Arbor: University of Michigan Press. ISBN 0472113151
 Chauhan, O.P. (2004). Human Rights: Promotion and Protection. Anmol Publications
PVT. LTD. ISBN 812612119X.
 Cook, Rebecca J.; Fathalla, Mahmoud F. (September 1996). "Advancing Reproductive
Rights Beyond Cairo and Beijing". International Family Planning Perspectives Vol.22
(No.3): p.115-121
 Davenport, Christian (2007a). State Repression and the Domestic Democratic Peace. New
York: Cambridge University Press. ISBN 0521864909
 Davenport, Christian (2007b). State Repression and Political Order. Annual Review of
Political Science.