Yogendra. S. V.

V PuraCollege of Law

HUMAN RIGHTS: UNIT-I

The Origin and Development of Human Rights or the

Evolution of the Concept of Human Rights

1. Define Human Rights? Trace the Evolution of the concept of Human Rights
2. What are the Human Rights? Trace the origin and development of Human
Rights
Synopsis
1. Introduction
2. Origin And Development of Human Rights
Or Evolution of the concept of Human Rights
1 Human Rights in Ancient Period
2 Human Rights in Medieval Period
3 Human Rights in Modern Period
1. The English Bill of Rights, 1689
2. American Declaration of Independence, 1776
3. The U.S. Bill of Rights, 1791
4. The French Declaration of the Rights of Man and of the Citizen, 1789
5. The Russian Revolution 1917
6. Declaration of International Rights of Man, 1929
7. The UN Charter, 1945
8. Universal Declaration of Human Rights1948
3. Conclusion

1. Introduction
Human rights are standards that allow all people to live with dignity, freedom,
equality, justice, and peace. Every person has these rights simply because they are human
beings. They are guaranteed to everyone without distinction of any kind, such as race, color,
sex, language, religion, political or other opinion, national or social origin, property, birth, or
other status. Human rights are essential to the full development of individuals and
communities. Human rights being a generic term embrace civil rights, civil liberties, social,
economic and cultural rights. It is therefore difficult to give a precise definition of the term
human rights. Human rights enable us to respect each other and live with each other, in other
words, they are not only rights to be requested or demanded but rights to be respected and be
responsible for. The rights that apply to you also apply to others. The denial of human rights
and fundamental freedoms not only is an individual and personal tragedy, but also creates
conditions of social and political unrest, sawing the seeds of violence and conflict within and
between societies and nations. Human rights also a fundamental rights, basic rights, inherent
rights, natural rights and birth rights. Human rights reflect the minimum standards necessary
1
This notes only for the exam
purpose
for people to live with dignity. Human rights give people the freedom to choose how they
live, how they express themselves, and what kind of government they want to support, among
many other things. Human rights also guarantee people the means necessary to satisfy their
basic needs, such as food, housing, and education, so they can take full advantage of all
opportunities. Finally, by guaranteeing life, liberty, equality, and security, human rights
protect people against abuse by those who are more powerful.

Definitions
Section 2(d) of the Protection of Human Rights Act 1993 define “Human Right
means rights relating to life liberty, equality and dignity of the individuals guaranteed by the
constitution or embodied in the International Covenants and enforceable by courts in India.”

According to Universal Declaration of Human Rights, the expression ‘human

rights’ denotes all those rights which are inherent in our nature and without which we cannot
live as human beings.

P.P.Rao defines Human rights as the inherent dignity and inalienable rights of all
members of human family, recognizing them as their foundation of freedom, justice and
peace in the world.
2. Origin and Development of Human Rights or Evolution of the concept of
Human Rights
1. Human Rights in Ancient Period
The roots for the protection of the rights of man can be traced as far back as to the
Babylonian laws. The Babylonian King 'Hammurabi' issued a set of laws to his people called
'Hammurabi's Codes. ‘the Code of Hammurabi was trying to achieve equality, It established
fair wages, offered protection of property and required charges to be proved at trial. In 539
B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of
Babylon. Cyrus freed the slaves, declared that all people had the right to choose their own
religion, and established racial equality. These and other precepts were recorded on a baked-
clay cylinder known as the Cyrus Cylinder, 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. Human rights are also rooted in
ancient thought and in the philosophical concepts of 'Natural Law' and 'Natural Rights.' A
few Greek and Roman philosophers recognised the idea of Natural Rights. Plato (427-348
BC) was one of the earliest thinkers to advocate a universal standard of ethical conduct.
Roman jurist Ulpian, stated that according to law on nature, all men are equal and by the
same law all are born free. Aristotle Cicero also founder of "natural law" and "human rights"
in his work
2. Human Rights in Medieval Period
The Magna Carta, also known as the Great Charter, of 1215 is the most significant
constitutional document of all human history. The main theme of it was protection against the
arbitrary acts by the king. The 63 clauses of the Charter guaranteed basic civic and legal
rights to citizens, and protected the barons from unjust taxes. The English Church too gained
freedom from royal interferences. King John of England granted the Magna Carta to the
English barons on 15th June 1215. The king was compelled to grant the Charter, because the
barons refused to pay heavy taxes unless the king signed the Charter
In the middle ages, the scholastic philosophers like Abelord and St.Thomas
Acquinas (1225-1274), laid stress upon the 'natural law' in a divine law, which was revealed
to man in part discoverable by him through his God - given right of reason. The City States of
Greece gave freedom of speech, equality before law, right to vote, right to be elected to
public office, right to trade and right to access to justice to their citizens. Similar rights were
secured by the Romans by the "Jus Civile" of the Roman law. Thus, the origin of the concept
of human rights can be found in the Greco-Roman natural law doctrines of "Stoicism" (the
school of philosophy founded by Zeno and Citium), which held that a universal force
pervades all creation and that human conduct should, therefore, be judged according to the
laws of nature.
3. Human Rights in Modern Period
1. The English Bill of Rights, 1689.
The next source and avenue of the development of the philosophy of human rights is
the English Bill of Rights, enacted on December 16, 1689, by the British Parliament. The
British Parliament declared its supremacy over the Crown in clear terms. The English Bill of
Rights declared that the king has no overriding authority. The Bill of Rights codified the
customary laws, and clarified the rights and liberties of the citizens.
2. American Declaration of Independence, 1776.
The first colonies to revolt against England were the thirteen States of America.
These states declared their independence from their mother country on 4th July 1776. The
declaration charges the king with tyranny and affirms the independence of the American
colonies. The declaration of independence has great significance in the history of mankind as
it justified the right to revolt against a government that no longer guaranteed the man’s
natural and inalienable rights.
3. The U.S. Bill of Rights, 1791.
The U.S. Constitution was enacted on 17th September 1787. The most conspicuous
defect of the original constitution was the omission of a Bill of Rights concerning private
rights and personal liberties. Madison, therefore proposed as many as twelve amendments in
the form of Bill of Rights. Ten of these were ratified by the State legislatures. These ten
constitutional amendments came to be known as the Bill of Rights. The overall theme of the
Bill of Rights is that the citizen be protected against the abuse of power by the officials of the
States.
4. The French Declaration of the Rights of Man and of the Citizen, 1789
On 4th August 1789, the National Assembly proclaimed the Rights of Man and of the
Citizens. The Rights were formulated in 17 Articles. The Declaration of the Rights of Man
and of the Citizen has far reaching importance not only in the history of France but also in the
history of Europe and mankind. The declaration served as the death warrant for the old
regime and introduced a new social and political order, founded on the noble and glittering
principles. Further the declaration served as the basis for many Constitutions, framed in
different countries, where the framers gave top priority to human rights.
5. The Russian Revolution 1917
The Russian was the greatest social uprising of the world since the French Revolution.
Russian revolution took place in 1917. It was the first successful communist revolution of the
world. The revolt was against the naked exploitation of the masses by the autocratic ruler and
the wealthy feudal nobles. The revolution brought a though change in the political, social and
economic life of the people and established the first proletariat government of the world.
H.G.Wells concerned it as “the greatest event after the advent of Islam”. It is true that the
French Declaration proclaiming liberty, equality and fraternity for all. But liberty and
equality were soon proving to be empty slogans for poor peasants and factory workers.
Hence, beginning the mid-nineteenth century, the demand for social security and social
justice, in addition to civil and political rights, appeared in the forefront of socialist
movement.
The Bolshevik Revolution in Russia (1917) went a step further. It emphasized that
economic and social rights were as important as the civil and political rights. Many economic
and social rights had been included in the soviet constitution. It is gratifying to note that the
socialist revolution in Russia introduced socio-economic dimensions to the concept of rights,
which were neglected in the events and documents of English, American and French
revolutions. While the three revolutions emphasized the first generation (civil and political)
rights, the October Revolution of Russia popularized socioeconomic rights; such as right to
work, social security, protection of the family, right to adequate standard of living, right to
education, health and right to join trade unions. These are second generation rights or positive
rights.
6. Declaration of International Rights of Man, 1929.
After World War I, questions about human rights and fundamental freedoms began to
be raised. In 1929, the Institute of International Law adopted the Declaration of International
rights of Man. The Declaration declared that fundamental rights of citizen, recognized and
guaranteed by several domestic constitutions, especially those of the French and the U.S.A
constitutions, were in reality meant not only for citizens of the states but for all men all over
the world, without any consideration.
7. The UN Charter, 1945.
The United Nations Charter was drafted, approved and unanimously adopted by all
the delegates of the 51 states, who attended the United Nations Conference at San Francisco.
The UN Charter contains provisions for the promotion and protection of human rights. The
importance of the Charter lies in the fact that it is the first official document in which the use
of ‘human rights’ is, for the first time traceable and which also recognized the respect for
fundamental freedom.
8. Universal Declaration of Human Rights1948
The Universal Declaration of Human Rights(UDHR) was adopted by the General
Assembly of the United Nation on 10th December 1948.The declaration is not a legally
binding document; It is an ideal for all mankind. In the words of Eleanor Roosevelt, it
proclaims “a common standard of achievement for all people and all nations”. In its final
form, it comprises of alert of civil, political, economic, social and cultural rights to which all
persons are entitled. Universal Declaration is a declaration of principles directed to the
peoples of the world. This has been considered as one of the greatest achievements of the
UN. It has been maintained that “the Universal Declaration of Human Rights has had a
significant influence on the development of standards that states are not only respected but
also has legal commitment to be respected”.
Conclusion
 Kinds of Human Rights or Classification of Human Rights
1. Define Human Rights? Explain different kinds of Human Rights
2. What are the Human Rights? Explain different kinds of Human Rights
3. Explain Classification of Human
Rights Synopsis
1. Introduction
2. Kinds of Human Rights
1 Civil and Political Rights
2 Economic, Social and Cultural Rights
3. Classification of Human Rights According to Louis B Sohn
1 The First Generation Rights
2 The Second Generation Rights
3 The Third Generation Rights
4. Conclusion

1. Introduction
Human rights are standards that allow all people to live with dignity, freedom,
equality, justice, and peace. Every person has these rights simply because they are human
beings. They are guaranteed to everyone without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth, or
other status. Human rights are essential to the full development of individuals and
communities. Human rights being a generic term embrace civil rights, civil liberties, social,
economic and cultural rights. It is therefore difficult to give a precise definition of the term
human rights. Human rights enable us to respect each other and live with each other, in other
words, they are not only rights to be requested or demanded but rights to be respected and be
responsible for. The rights that apply to you also apply to others. The denial of human rights
and fundamental freedoms not only is an individual and personal tragedy, but also creates
conditions of social and political unrest, sawing the seeds of violence and conflict within and
between societies and nations. Human rights also a fundamental rights, basic rights, inherent
rights, natural rights and birth rights. Human rights reflect the minimum standards necessary
for people to live with dignity. Human rights give people the freedom to choose how they
live, how they express themselves, and what kind of government they want to support, among
many other things. Human rights also guarantee people the means necessary to satisfy their
basic needs, such as food, housing, and education, so they can take full advantage of all
opportunities. Finally, by guaranteeing life, liberty, equality, and security, human rights
protect people against abuse by those who are more powerful.

Definitions

Section 2(d) of the Protection of Human Rights Act 1993 define “Human Right
means rights relating to life liberty, equality and dignity of the individuals guaranteed by the
constitution or embodied in the International Covenants and enforceable by courts in India.”

According to Universal Declaration of Human Rights, the expression ‘human

rights’ denotes all those rights which are inherent in our nature and without which we cannot
live as human beings.

P.P.Rao defines Human rights as the inherent dignity and inalienable rights of all
members of human family, recognizing them as their foundation of freedom, justice and
peace in the world.
2. Kinds of Human Rights or Classification of Human Rights
1. Civil and Political Rights
Right that are granted by government or civil society are called civil and political rights.
These rights provide the basis for the fulfilment of elementary conditions of the social life.
Without them, civilized life is not possible and they are, therefore, considered very essential
for the free and progressive life of man. Civil and political rights however, include the right
to freedom of speech, of assembly, the right to move freely, to hold property and practise
trade or profession, and the right to take part in the government of one's country. Part III of
the Constitution of India has resemblances with these rights.
2. Economic, Social and Cultural Rights
These are entitlements of the individual vis-a-vis the state, in order to eradicate social
inequality, economic imbalances and to limit disadvantages caused by nature, age and so on.
These rights, however, are bestowed by the State. The State is not bound to meet these
entitlements all at once. It depends upon the economic resources of the society. Most of the
socialist states recognize these rights as fundamental rights of the people. Right to equality,
right to work, right to have family, right to privacy, right to information, right to public
assistance during old age and sickness, right to health care, right to special care during
childhood and during motherhood are some of the examples of these rights. Such rights have
been incorporated in Part IV of the Constitution of India as Directive Principles of State
Policy.
3. Classification of Human Rights According to Louis B Sohn
Louis B Sohn has classified Human rights in the following three Categories:-
1 The First Generation Rights
2 The Second Generation Rights
3 The Third Generation Rights
1. The First Generation rights
The International Covenant on Civil and Political Right in1966is a First Generation
rights, contains a lot of civil and political rights. The various rights contained in this
covenant are, mainly civil and political rights, which are not new rights. These are the rights
that had; developed in course of a long period of time since the time of Greek city states and
concretized in the form of Magna Carta of 1215, the Bill of Rights of the American
Declaration of Independence and the French Declaration of the rights of man and of the
citizen. These rights were also included in the European Convention on Human Rights and in
Inter American and African instruments. It also manifested in the constitutions of many
countries.
2. The Second Generation Rights
The international covenant on economic social and cultural rights signed in 1966. These
are Second Generation rights. As the main source of the origin of the civil and political rights
is considered to be the American and French revolution so economic and social rights are
considered to be originated in the Russian Revolution of 1917and in the Paris peace
conference of 1919.The significance of the Paris peace conference was the establishment of
the International Labour Organization which laid emphasis upon the concept of social justice
by proclaiming that “ peace can be established only if it is based upon social justice.”, and
that “the failure of any nation to adopt humane conditions of labour is an obstacle in the way
of other nations which desire to improve the conditions in their own countries”. The former
American President Roosevelt was the first man who put a hope for an instrument dealing
with the economic and social rights. In his message to congress in 1944, President Roosevelt
referred to the four essential freedoms, i.e. 1.freedom of speech and expression, 2.freedom of
any person to worship in his own way, 3. Freedom from want, 4. Freedom from fear to which
he looked forward as the foundation of future world.’ Freedom from ‘want’ it may be argued,
formed the basis on which the concept of economic and social rights were formulated. He
stated that “people who are hungry and out of job are the stuff of which dictatorships are
made”. In his opinion, true individual freedom cannot exist without economic security and
independence.
3. Third Generation Human Rights- Collective Rights
Louis B Sohn has argued that individuals are also members of such units groups or
communities as a family, religious community, social club trade union, professional
association, racial group, people, nation and state. Therefore that international law not only
recognizes inalienable rights of individuals but also recognize certain collective rights
exercised jointly by individuals who are grouped in to larger communities including people
and nation. KarekVasak says the collective rights can be realized only “through the
concerted efforts of all the actors on the social scene; the individual, the state, public and
private bodies and the international community”.
4. Conclusion
 Sources of International Human Rights Law
1. Define Human Rights? What are the Sources of International Human Rights
Law? Or Explain the Sources of International Human Rights Law?
Synopsis
1. Introduction
2. Sources of International Human Rights Law
1. International treaties
2. International custom
3. Other international instruments
4. Judicial Decisions
5. Official Documentations
3. Conclusion
1. Introduction
Since time immemorial, states and peoples have entered into formal relationships with
each other. Over the ages, traditions have developed on how such relationships are
conducted. These are the traditions that make up modern ‘international law’. Like domestic
law, international law covers a wide range of subjects such as security, diplomatic relations,
trade, culture and human rights, but it differs from domestic legal systems in a number of
important ways. In international law there is no single legislature, nor is there a single
enforcing institution. Consequently, international law can only be established with the
consent of states and is primarily dependent on self-enforcement by the same states. In cases
of non-compliance there is no supra-national institution; enforcement can only take place by
means of individual or collective actions of other states.
This consent, from which the rules of international law are derived, may be expressed in
various ways. The obvious mode is an explicit treaty, imposing obligations on the states
parties. Such ‘treaty law’ constitutes a dominant part of modern international law. Besides
treaties, other documents and agreements serve as guidelines for the behaviour of states,
although they may not be legally binding. Consent may also be inferred from established and
consistent practice of states in conducting their relationships with each other. The sources of
international law are many and states commit to them to different degrees. The internationally
accepted classification of sources of international law is formulated in Article 38 of the
Statute of the International Court of Justice. Forming one of the regimes of international law,
human rights law has the same source with the former.
 2. Sources of International Human Rights Law
1. International treaties:-
Treaties are the most important sources of international human rights law. Presently, a
number of multilateral treaties relating to human rights are in forces which are legally binding
to those states which are parties to them. The most important amongst them is the United
Nations charter itself which is binding last general obligations to respect and promote human
rights. In addition to the charter, a number of the multilateral human rights treaties have been
conducted under the auspices of the U.N and its specialized agencies which create obligations
to the contracting parties. Regional treaties on human rights such as European convention on
human rights, American charter on Human and people’s rights are also legally binding on the
contracting states and they therefore are the sources of international human rights law.
2. International custom:-
Certain international human rights law acquired the states of customary international law
by their widespread practice by states and they leave expressly consented. The 1987
restatement (third) of the foreign relations law of the United States takes the position that
customary international law protects at least certain basic human rights section 702 of the
restatement provides, "A state violates international law if, as a matter of state policy, it
practices, encourages, or condones a) Genocide, b) Slavery or slave trade, c) The murder or
causing the disappearance of individuals, d) Torture of other creed, inhuman or degrading
treatment or punishment, e) Prolonged arbitrary detention, f) Systematic raised
discrimination, or g) a consistent pattern of gross violation of internationally recognized
human rights.
Although the above list might not be elusive or other may disagree to the above list of
human rights as to have acquired the status of customary international law and consequently
they are the source of international law. It is desirable that a study is conducted to prepare a
list of those human rights which have acquired the status of international customary law. It
would be of immense help to the international court of justice, states and to their courts as
they would come to know about them.
3. Other international instruments:-
A great number of international declarations, resolutions and recommendations relating to
human rights have been adopted under the auspices of the united nations which have
established broadly recognized standards in connection with human rights issues despites the
fact that they are not legally binding on the States. The most important of these in the
universal declaration of Human Rights of 1948 which possesses a moral or political force that
may be useful in persuading government officials to observe Human Rights Standards, Some
of the rights referred to therein have acquired the character of customary rule of International
law. Declaration adopted by the Tehran Conference (1968) and the Vienna Conference
(1993) also serves as the source of the commitment by the international community.
4. Judicial Decisions:-
Decisions of the various judicial bodies are relevant to the determination of the rules on
Human Rights issues. Although action by the International court of Justice in the area has
been limited, there is no doubt that cases could fall within its competency, European court of
Human Rights-a regional court, since the Lawless case decided in 1960, has adjudicated
many disputes successfully. The increasing case load prompted a lengthy debate which
resulted into the creation of a new European court of Human Rights on November 1, 1998
although a few cases have been brought before the Inter-American court of Human Rights,
cases law under the American Convention is as yet in its infancy. Decisions of the municipal
courts on human rights issues have contributed immensely to the development of
international Human Rights law.
In addition to the judicial decisions, opinions of the arbitral bodies whose functions is to
mediate on complaints of human rights violations under the various treaties also assist in the
determination of the rules relevant to international Human Rights.
5. Official Documentations:-
Official documentations of the United Nations and its subsidiary bodies have produced a
vast amount of documentation relating to Human Rights matters, Human Rights law Journal.
Human Rights Review and European Law Review and the collective work done under the
auspices of the international bodies are of considerable value.
The above are the important sources of International Human Rights law but they by no
means are exhaustive. Many international and national institutions contribute to the
protection of Human Rights despite the fact that they primarily concern with other issues.
Further, a variety of actions taken by the United Nations organs and other international
bodies have too supported specific efforts to protect Human Rights. It is to be noted out of the
above sources treaties and customs are the most important sources. Bonding force of Human
Rights obligations rests ultimately in them only However, the inspiration of these obligations
lies in 'morality, justice, either' or a simple regard for the dignity of mankind.
3.Conclusion
 Theories of Human rights

Explain the different Theories of Human rights

Synopsis
1. Introduction
2. Theories of Human rights
1. Natural Law Theory
2. Positivist Theory
3. Marxist Theory
4. Social Contract Theories
5. Social Welfare Theory
6. Theories Based on Justice
7. Theories Based on Dignity
8. Theories Based on equality
3. Conclusion

1. Introduction
Human rights is the basic rights and freedom of all human, it include the right to life,
liberty, freedom of thought, expression and equality before the law. It is interrelated,
interdependent and indivisible. There are several theories which are relevant to the concept of
human rights such as, Natural Law Theory, Positivist Theory, Marxist Theory, Social
Contract Theories, Social Welfare Theory, Theories Based on Justice, Theories Based on
Dignity and Theories Based on equality.
2. Theories of Human rights
1. Natural Law Theory
The credit of giving birth to natural law goes to Greeks and Romans. It engaged the
attention of eminent Greek and Romans Scholars such as John Locke Cicero Socrates, Stoics
and Aristotle. After the Greeks it was further developed and elaborated by the Romans. The
early and original law of Romans was called ‘Jus Civil’. Later on the Romans developed
another legal system called ‘Jus gentium’. In the republican era of Rome, ‘Jusgentium’ was
reinforced by ‘jus natural’ or Natural law as it was commonly called. By ‘Jus natural’ the
Romans meant the sum of those principles which ought to control human conduct because
founded in the very nature of man as a rational and social being. According to Romans,
natural law embodies the elementary principles of justice which were the dictates of right
reason. John Locke was the chief exponent of natural rights theory, according to him certain
rights are ‘natural’ to individuals as human beings, having existed even in the ‘state of nature’
before the development of societies and emergence of the state. Aristotle the Greek
philosopher stated that binds us all even those who have no association or covenant with each
other. According to Cicero natural law is a universal law. Stoics popularized the maxim “live
according to any nature” so totally natural law theory is a Divine law, law of reason,
unwritten law, universal law or common law or moral law, so the source of natural law is
either god or reason.

2. Positivist Theory

Positivist law theory was prevalence in 18th and 19th centuries. Positivists believed
that people would be bound to obey law, if it was created by appropriate legislative authority
or sovereign irrespective of its being reasonable or unreasonable. BynkerShoek was one of
the chief exponents of the positive theory. The positivists called this laws ‘Law Positivism’
i.e. law which is in fact as contrasted with law which ought to be. H.L.A Hart, Bentham,
Austin &HonsKelsen is a famous proponent of legal positivism. According to the positivists,
the source of human rights lies in the enactment of a system of with sanctions attached to it.
They emphasized the distinction between ‘is’ and ‘ought’ and criticize natural law theorists
for undue emphasis.

3. Marxist Theory

Karl Marx is a chief profounder of this theory. According to him “only be achieving
the upliftment of the society or community the higher freedoms of individuals can be
achieved; The contents of notion and ideas change in accordance with the changes that take
place in the lives of people living in a society. They regard concepts of law, morality,
democracy, freedom etc. as historical categories whose content is determined by the
conditions of life of society or community.

4. Social Contract Theories

The social Contract Theory became popular through the writings of Thomas Hobbes,
John Locke and Jean Jacques Rousseau. The propagated 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 the terms of contract. According to Hobbes,
man existed in a “state of nature” within which he would be preoccupied exclusively by
matters of self-interest. According to John Locke, Human beings existed in a state of nature
where men and women were in a state of freedom able to determine their actions and also in a
state of equality. Rousseau states “ what man loses by the social contract is his natural liberty
and an unlimited right to everything he tried to get and succeeds in getting what he gains is
civil liberty and the proprietorship of all he possesses. The social contract theory clearly
reflects the fundamental premise of most human rights movement that governments are
constituted to protect rights and serve community goals.

5. Social Welfare Theory

Roscoe Pound and Prof. Chaffee supported this theory. They believe that law, custom
and natural rights all are conditioned by social expediency. For instance, right to freedom of
speech is not absolute but rather regulated in accordance with the requirements of social
expediency. They have advocated for the ‘greatest happiness of the greatest number’. This
theory has played an important role in development of economic and social rights and
incorporate them in Universal Declaration of Human rights and then in the international
convention on Economic, social and cultural rights.

6. Theories Based on Justice

John Rawls developed a theory of justice based on the Enlightenment ideas of

thinkers like John Locke (1632–1704).Jean-Jacques Rousseau (1712–1778) and Thomas
Hobbes (1588–1679), In a Theory of Justice (1971), Rawls introduced a universal system of
fairness and a set of procedures for achieving it. According to John Rawls, justice is the first
virtue of social institutions, the principle of justice could be described as the moral obligation
to act on the basis of fair adjudication between competing claims. As such, it is linked to
fairness, entitlement and equality. In health care ethics, this can be subdivided into three
categories: fair distribution of scarce resources (distributive justice), respect for people’s
rights (rights based justice) and respect for morally acceptable laws (legal justice).

7. Theories Based on Dignity

M.C Dougal, Lasswell and Chen Chief exponent of this theory, the main book of the
theory Human Rights and Public Order and the basic policies and international human dignity
etc given importance of this theory. According to them there are eight interdependent values
upon which human rights depend they are 1. Respect, 2.Power. 3. Health 4.Enlightenment 5.
Well-being 6.Skill 7. Affection 8.rectitude. The principles of the new order were fleshed out
in the UDHR, which is proclaimed as ‘a common standard for all peoples and all nations’.
The importance of human dignity as the cornerstone of international human rights law has
been confirmed by numerous international human rights instruments. In identical statements
in their preambles, both the International Covenant on Civil and Political Rights 1966
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights 1966
(ICESCR) proclaim that the rights they seek to protect, ‘derive from the inherent dignity of
the human person’.The right to dignity guaranteed under article 21 of the Indian constitution.
In D.N Venkatesh Reddy v/s the Chief Engineer B.W.S.S.B Bangalore AIR 2004. In
ChameliSingh v/s State of U.P. in Maneka Gandhi vs. Union of India in these casethe court
held that right to to lead a dignified life is a part of fundament right of citizen guaranteed
under Article 21 of the Indian Constitution, is not merely a physical right but it also includes
within its ambit, the right to live with human dignity. In the case of Francis Coralie vs. Union
Territory of Delhi it was held that right to live includes the right to live with human dignity
with bare necessities of life such as: Adequate nutrition Clothing, and Shelter over the head
and facilities for: Reading Writing, and expressing oneself in diverse form.

8. Theories Based on Equality

The chief profounder of this theory Dworkin. He explain this theory in his book “Taking
Rights Seriously” according to him the government must treat all their citizens with equal
concern and respect. He also said that everybody can count for one. Nobody for more than
one.

3. Conclusion